Search found 117 matches

by Nick Cooper
Thu Nov 11, 2021 4:27 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

I'm a little surprised by the notion that a film director would not count as an author under the 1911 Act, not least because it is rare to encounter a film where the director hasn't imposed at least some changes on the script during the filming process. In fact, Laddie et al, at least in the Third E...
by Nick Cooper
Thu Nov 11, 2021 1:29 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

Why would The Pleasure Garden have lapsed in the UK after the end of 1957? The film was released in 1926, but at the time films were protected as dramatic works and as a series of photographs, so either death plus 50 years or creation plus 50 years. The transitional Savings in the 1956 Act (Part II ...
by Nick Cooper
Thu Nov 11, 2021 12:05 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

13B(7) was, of course, only introduced to the 1988 CDPA by the 1995 SI. However, it does leave that glaring anomaly that there are a mass of films that are PD in the US that aren't being exploited as such in the UK. Is this simply a case of nobody wanting to take the risk? I do recall that there was...
by Nick Cooper
Wed Nov 10, 2021 1:57 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

I would tend to agree that if Night of the Living Dead has no copyright in the country of origin, then there is nothing to reciprocate. However, if a film of US origin has lapsed there due to "normal" expiration (i.e. after renewal and thus 56 years), I'm much less convinced that the UK wo...
by Nick Cooper
Sun Nov 07, 2021 9:23 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

This is the US proclamation for 1891 (starts at the bottom of the first page):

https://govtrackus.s3.amazonaws.com/leg ... -Pg981.pdf
by Nick Cooper
Sat Nov 06, 2021 5:34 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

I think we can say at least that if the US PD status is due to expiration (especially - where relevant - after the first 28 year term), it may well still be protected elsewhere in the world. Night of the Living Dead is something of an exception, given its lack of US protection on a technicality. I w...
by Nick Cooper
Fri Nov 05, 2021 10:25 pm
Forum: Copyright Infringement
Topic: Copyright infringement via Permission Machine, acting on behalf of Alamy
Replies: 9
Views: 1009

Re: Copyright infringement via Permission Machine, acting on behalf of Alamy

AndyJ wrote: Mon Oct 18, 2021 3:07 pm The Companies House listing for Permission Machine makes interesting reading.
The accounts certainly are.
by Nick Cooper
Fri Nov 05, 2021 10:16 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

I also need to slightly disagree with the analysis in your second point about copyight in films generally after 1 June 1957. Prior to the 1956 Copyright Act, you are right that the only protection which was available was to the individual elements such as the dramatic work, sound recording, music, ...
by Nick Cooper
Mon Nov 01, 2021 1:11 pm
Forum: Copyright Law
Topic: Night of the Living Dead
Replies: 28
Views: 4436

Re: Night of the Living Dead

A very long winded way of saying the film is also definitely in the public domain in the UK. I would have to disagree. In the first instance, the 1891 bilateral agreement between the US and the UK means that UK law treats US works as if they are UK works for copyright purposes. Secondly, the 50 yea...
by Nick Cooper
Wed Jun 02, 2021 9:00 am
Forum: Copyright Law
Topic: Using photograph from 1903 book as illustration in book now
Replies: 4
Views: 717

Re: Using photograph from 1903 book as illustration in book now

Am I the only one raising an eye-brow at the publishers not being aware that such a photograph would be long out of copyright?!
by Nick Cooper
Thu May 13, 2021 11:47 am
Forum: Copyright Law
Topic: Copyright of UK vintage magazine & newspaper ads
Replies: 7
Views: 1430

Re: Copyright of UK vintage magazine & newspaper ads

I would think that the absolute first port of call would be the successor companies for the products advertised, and in most cases they would probably be happy to approve neutral use for no charge. Some companies maintain their own historical archives, and so may be able to supply better versions of...
by Nick Cooper
Thu May 06, 2021 10:50 am
Forum: Copyright Law
Topic: Old Lady who swallowed a fly
Replies: 8
Views: 1286

Re: Old Lady who swallowed a fly

Back to square one. Fox Chapel does own the rights. I don't understand this at all. Could arbitrarily pick a nursery rhyme and copyright it? Unfortunately, in many cases, that's just what happened, and in fact continues to happen. Someone takes a "traditional" rhyme, makes their own chang...
by Nick Cooper
Thu Apr 29, 2021 1:51 pm
Forum: Copyright Law
Topic: Old Lady who swallowed a fly
Replies: 8
Views: 1286

Re: Old Lady who swallowed a fly

There was an earlier version published in December 1947 in the US magazine Hoosier Folklore. However, the Manchester Evening News of 15 February 1946 has a piece alluding to it as a "modern nursery rhyme," so obviously it was circulating on both sides of the Atlantic at the time.
by Nick Cooper
Sun Mar 21, 2021 11:54 am
Forum: Copyright Law
Topic: Still tracking copyright for Rider Waite Tarot Cards
Replies: 10
Views: 4040

Re: Still tracking copyright for Rider Waite Tarot Cards

I would suggest that you fully attribute the (mis)quote, either on the copyright page, or in any foreword or acknowledgements page you include. Even a footnote on the actual text page would work.
by Nick Cooper
Fri Mar 19, 2021 9:23 pm
Forum: Copyright Law
Topic: Old photos/postcards
Replies: 24
Views: 17850

Re: Old photos/postcards

Plus, we are still left with the fact that Section 12 (2) of Schedule 1 of the 1988 CDPA as currently in force remains unaltered, and thus implies that the original 1911 and 1956 Act terms remain the same for photographs that were created before the 1988 Act first became law.