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potrebj
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PostPosted: Sun Jun 29, 2014 7:54 am    Post subject: The Times Archived Content Reply with quote

Hi,

I downloaded some archived news articles and stories from thetimes.co.uk from between 1917 - 1980, with most of the articles from wartime period. Most of the articles I downloaded is about Ukraine.

Now I want to, depending what I am allowed to do by the law, either

1) paraphrase & summarize some of the articles or their parts and then translate them into Ukrainian or Polish,

2) translate full content of some of the articles into Pl/Ukr,

3) use screeshots of these articles or their parts as graphic elements on my website (e.g. as a photo in the right top corner of the article content),

4) use only a few quotes from each of the articles and translate into Ukrainian or Polish language

I tried to reach the Times people to tell me what I am allowed and what I am not allowed to do, but no one bother to answer my questions

I will be eternally grateful for your help

Whatever I will be eventually allowed to do with those articles, I would like to upload "the content" on my personal non-commercial (at the very precise moment) website.
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Jare Kpotr
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AndyJ
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PostPosted: Sun Jun 29, 2014 2:03 pm    Post subject: Reply with quote

Hi Jare,
There are two different aspects to this question. Firstly, presumably you obtained membership of the Times website in order to download these articles, and so you are bound by their terms and conditions which state:
Quote:
Our content
Our content, trade marks, copyright, patents, logos, domain names and other related intellectual property rights or other features of our brand belong to us or to our licensors. Your use of our services does not grant you any rights in and/or our licensors intellectual property whether for commercial or non-commercial use.
We grant our users a licence to access and use our services and intellectual property rights (subject to your ability to access our services as set out above) and to the following usage restrictions:
    (a) you may use our services for personal, private and non-commercial purposes; and
    (b) you must not commercially exploit, or sell any content appearing on our services (this does not apply to any user content posted by you and in which you retain ownership rights [ ...]).
In consideration for the rights that we have granted you under these terms of use, you permit us to provide advertising and other information to you, including permitting our third party affiliates to do the same.
Third Party Content
Third party content included as part of our services, is licensed to you either under these terms of use or through such third party terms and conditions that will be made known to you as and when they become relevant (e.g. if you use any services provided by The Sunday Times Wine Club, you will be required to also accept their terms and conditions).
Obviously if you breach their terms, they have the right to cancel your membership, but I suspect that may not be a major worry.
So the important part concerns copyright. All the written articles will be treated as literary works and any photographs or illustrations will be artistic works, and all will have whatever term of protection would be applicable based on the lifetime of their authors, plus a post mortem period. Translating a copyright work (also known as making an adaptation of a work) is something which requires the permission of the copyright owner. The actual layout of the printed page is also subject to a separate copyright but as that particular form of copyright only lasts for 25 years from the end of the year something was published, that doesn't affect any of the articles you are concerned about. A newspaper is also recognised as being a compilation, so even if an individual article is somehow unprotected by copyright, the fact that it appears within a compilation will generally provide protection, but as the term of the copyright for a compilation cannot exceed the term for each individual article, again that won't really be an issue here. Fortunately most newspaper articles name their authors so at least you have will generally have a name to search for to find the date of death. Put simply, if the author died before 31 December 1963 and publication also occurred occurred before 1 August 1989, then their work is in the public domain now because at that time the post mortem period was only 50 years and the change to 70 years did not apply retrospectively to earlier works providing that the author had died at least 20 years before 1 August 1989. Unfortunately if you cannot discover the date of death of the particular author, then you must make any assumptions about how long they might have lived based on what was/is a reasonable life expectancy. So for instance a journalist writing in 1917 might well have been as young as 20, and he might have been expected to live to be 75 years of age, meaning that he would have died in 1972 and his work would still be in copyright until 2043. Then looking at the other end of the period of history you are interested in, another journalist similarly aged 20, writing in 1975 and with a similar life expectancy would still be alive today and so his work would remain in copyright until the end of the current century.
So how does this affect your questions?
1. If you paraphrase and/or summarise the articles, you should not need permission to translate your own words.
2. If you wished to translate the articles verbatim, and you weren't certain that the article was out of copyright, then you would need permission from the owner of the copyright, that is to say, the newspaper (see below about licensing).
3. Using screenshots which did not contain sufficient detail for the actual articles to be read would probably be OK because the only thing likely to be infringed is the 25 year copyright in the typographical layout, which as has already been noted, would no longer apply to the articles you are interested in.
4.. Using short quotes would probably fall within the fair dealing exemption for research of a non-commercial nature, and from October 2014 when a new fair dealing provision for quotation is expected to become law, this will almost certainly be OK to do without needing permission.

Licensing.
The main UK newspapers are members of a body called the Newspaper Licensing Agency which can issue licenses to use content from their members' papers. If you want to use the full text of an article for which you are not sure whether the copyright has lapsed, they may be able to sort out a licence for what you want to do. However since they are mainly concerned with licences for modern day content, you would probably be better off trying Times Newspapers again.

Jurisdiction.
Obviously Ukraine is not subject to either UK or EU law on copyright, but Poland is subject to EU law therefore, slightly different things need to be considered based on where you host and publish your work. Polish law is substantially the same as UK when it comes to working out the length of the copyright term, because both countries have to meet the EU rules. You would need to consult someone familiar with Ukrainian copyright law to find out the exact framework there. However if you intend to post your work on a server based within the EU, I advise you to follow the UK rules and you shouldn't go far wrong.
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Advice or comment provided here is not and does not purport to be legal advice as defined by s.12 of Legal Services Act 2007
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potrebj
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PostPosted: Mon Jul 28, 2014 8:44 pm    Post subject: Reply with quote

Many thanks for that
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Jare Kpotr
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tsrwright
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PostPosted: Wed Feb 04, 2015 10:27 am    Post subject: Reply with quote

I am having trouble understand the basis for this statement above::

Put simply, if the author died before 31 December 1963 and publication also occurred occurred before 1 August 1989, then their work is in the public domain now because at that time the post mortem period was only 50 years and the change to 70 years did not apply retrospectively to earlier works providing that the author had died at least 20 years before 1 August 1989.

If the author died on 31 July 1969 the copyright would not have expired until the end of 2011. Why do the Duration Regs not apply i.e. the copyright period expires 70 years after the end of the year in which the author died. I must be missing this exemption in the Regs.
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Terry
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