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Thread: copyright query

  1. #1
    Jem2109
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    Default copyright query

    I was going through some postcards my Aunt gave me after my gran died and found a couple of very old photo's among them (they are professional pics in postcard style).

    One of them has to be my Great Grandparents as my late grandad is the spitting image of one of the blokes in the photo. The other two are a baby (obvious family resemblance as could be my brother in the photo) and a wedding photo, no idea who these people are but will be emailing family once I have them scanned.

    Now my copyright question, obviously I'm chuffed to bits with these photo's and once family find out I have them they will want copies, how can I do this? All the photo's have photographers details on them, one is While U Wait Studios, 165, 187 &117 Wellington Terrace Promenade, Blackpool, and the other two are, S E Taylor Bondgate Darlington and 95 Newgate Street Bishop Auckland. I've done some searching and came across nothing, if the companies no longer exist how does the copyright work? Any ideas?

    At a guess I'd say the photo's are from 1915- 1930's if the baby is my grandad and the wedding photo is his parents. Not a clue on the one from Blackpool, how late were the postcard style photo's taken?

    I also found the Requiem Mass card for my Nanna's funeral, do you think there would be copyright issues over this?

  2. #2
    Guy Etchells
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    Copyright in photographs taken before 1 January 1945 expired 31 December 1994 unless still protected by copyright in another European Economic Area on 1 July 1995. It is therefore highly unlikely the photos would be in copyright.

    The RM card would have been copyright of whoever arranged the service but I very much doubt if there would be a problem even if it was still in copyright.
    Cheers
    Guy

  3. #3
    Jem2109
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    Thanks Guy! that's brill.

  4. #4
    Ann.McClean
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    Default BMD certificates images on websites

    May I jump in here - my cousin informs me that he is posting images of various BMD certificates to do with his family onto his website - something I have thought of doing as well

    Is this OK, or is there a copyright issue involved?

    Grateful for advice as always.


    Ann

  5. #5
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    "Is this OK, or is there a copyright issue involved?"


    It most certainly is not OK!

    https://www.opsi.gov.uk/advice/crown-...-registers.htm

  6. #6
    Guy Etchells
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    Not so clear as you seem to think Peter the relevant section is
    "b. by individuals or organisations for their own record keeping purposes, provided that the copies are not passed to others as evidence of birth, death or marriage;"

    In other words as long as you are not passing the copy off as a genuine certificate it is legal to copy a certificate.

    In most cases a scan will not reproduce the background of the certificate making it obvious that it is not an official copy.
    Cheers
    Guy

  7. #7
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    Looks crystal clear to me.


    The question was about "images of various BMD certificates" and the OPSI site says copying may be permitted "within works of genealogical research undertaken by or on behalf of the family concerned where the work in question will be given limited distribution only. For the avoidance of doubt, a work will NOT be regarded as being given limited distribution if it is placed on the Internet"

  8. #8
    Guy Etchells
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    That is a separate condition, it is an alternative to, not in addition to the condition b.
    There are five separate scenarios where copying is allowed the one you mention actually envelopes the possibility of a paid researcher doing the research and providing a copy for the family.
    Cheers
    Guy

  9. #9
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    8 (b) is addressing the situation where, for example, an organisation requires a birth certificate as proof of age and is permitted to retain a copy. In other words, nothing to do with the question.

    8 (d) on the other hand is totally relevant to the question which was about works of genealogical research. Note the word 'works'. The paragraph quite unambiguously applies whether or not it was undertaken by a paid researcher.

    The solution to Ann's problem is clear - she can simply transcribe the data from the certificate and publish it in whatever way she wishes because "the copyright does not subsist in the information on the certificate".

  10. #10
    Guy Etchells
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    Try reading it again Peter it also includes individuals.

    Rather more importantly than those guidance notes the law certainly allows some certificates i.e. those free ones published 125 years ago or older and any commercially published (sold) certificates over 50 years old.

    As I stated the situation is not as clear as you try to make out.
    Cheers
    Guy

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