copyright of "images"

[Ed McKie]

This may hve been raised before, but I cant find it and some of our erudite friends may care to comment.

I am aware of an engraved portrait of one of my wifes ancestors created about 1795.

I have been able to establish three copies of this, one at Harvard, one in the British Museum and another at the British Portrait Gallery. Harvard does not claim copyright of a reproduction of this, I dont know the BMs attitude but the BPG claim copyright of a reproduction.

I find all this rather strange to say the least. I know that "image" ownership is a bit convoluted, but I would have thought that an engraving is more akin to a book rather than anything else, being capable of being reproduced many times.
So how on earth can the owners of one copy claim copyright of say a scan or a digital photo of such.

As I guess that the original engraving was a commissioned work as a form of advertising, in modern times of course the sitter would have owned the copyright.

Cheers..Ed

[Mark]

The people in a photograph do not have any say as to copyright. It's the person taking the image that has the copyright.

Mark

[Rod Neep]

Simple.

There is no copyright existing in the original
You may scan, copy and publish your copy of the original

There is a copyright in the scanned reproduction
You may not copy that reproduction without permission.

Regards
Rod

[Ed McKie]

Simple.

There is no copyright existing in the original
You may scan, copy and publish your copy of the original

There is a copyright in the scanned reproduction
You may not copy that reproduction without permission.



Well that may well be the law Rod, and I am sure you are right, but as someone in Dickens says, "then the law is an ass"

The whole thrust of present day legislation it seems to me has been in the direction of protecting "intellectual property" but where is the intellectual activity in pressing a button ?

Cheers..Ed

[Ed McKie]

The people in a photograph do not have any say as to copyright. It's the person taking the image that has the copyright.



Mark I think the situation is that if someone commissions and pays for a portrait then the copyright is his. The photographer, artist whatever is then in the postion of being an employee.

Cheers..Ed