Search found 24 matches

by tsrwright
Fri Oct 09, 2015 1:18 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Thanks a lot. I'll let you know how it goes. Here is the link to the film in question which might make a change from looking at legal stuff. It is nicely 'period'. It is the hillclimb on the old military road in Glen Croe which rises to a pass called Rest and Be Thankful. http://ssa.nls.uk/film/2120...
by tsrwright
Thu Oct 08, 2015 12:10 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Thanks, Andy, for picking me up on the German law. I presume the 50 years term referred to is similar to the 50 years applied to related rights. I am now going to tackle the National Library of Scotland but I suppose that in the end they are entitled to apply the terms of the Directive rather than t...
by tsrwright
Wed Oct 07, 2015 12:17 pm
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Hi Andy, thank you for all that and for drawing my attention to the Council Directive 93/98/EEC which I have now read. I have also had a look at the status of Directives and have read on Wikopedia that ‘Directives are currently only vertically directly effective (i.e. against the state, a concept ...
by tsrwright
Sun Oct 04, 2015 12:49 pm
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Pardon me trying to answer my own question but I looked up various definitions of a 'savings' clause and it seems clear its purpose is to maintain a particular right or situation not to do away with it. If the 1995 Regulations wanted to do away with any of the savings provisions of the 1988 Act woul...
by tsrwright
Sun Oct 04, 2015 11:46 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Hi, this issue has cropped up again because when I challenged the Scottish National Library on their 70 years pma copyright period for a for a pre June 1957photograph they advised as follows:

Regulation 15(1) of the 1995 Regulations reads as follows:

“Copyright in an existing copyright work shall continue to subsist until the date on which it would have expired under the 1988 provisions if that date is later than the date on which copyright would expire under the new provisions.â€￾ [emphasis added]

Regulation 12(2) of the 1995 Regulations clarifies:

““the 1988 provisionsâ€￾ means the provisions of that Act as they stood immediately before commencement (including the provisions of Schedule 1 to that Act continuing the effect of earlier enactments)â€￾

In other words, you are correct, Schedule 1 of the 1988 Act is still in the Act. However, the 1995 Regulations allow those survival durations to apply only where they provide a longer period of protection than a work would receive under the new (1995) provisions. Because the material in question here receives a longer duration under the new provisions, the new provisions are those which apply.


I thought we had been over this argument but I can't see it in the earlier conversation here.

When I read 15(1) of the 1995 Regulations they seem simply to be saying that a 1988 provisions copyright expiry date will not be brought back to an earlier date that were to result from the 1995 regulations. It does not seem to be saying that any earlier date will be made later!
Does it mean whatever you want it to mean?

I have been sent the attached which seems useful but it also contradicts the argument that all pre June 1957 photos are out of copyright:

http://www.nationalarchives.gov.uk/docu ... wchart.pdf.

This is now being handled under the Library's official complaints procedure and I am prepared to push it to a formal review if I feel I have a sound argument.

Any further help you can give regarding 15(1) of the 1995 Regulations would be much appreciated.

Regards

PS The book is printing - see www.loosefillings.com

by tsrwright
Fri Feb 20, 2015 11:40 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Thanks, that's as clear as it's going to be.

Interesting how clearly it is stated in the German law.

Now to look at the Australian situation..... :(
by tsrwright
Fri Feb 20, 2015 7:26 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Andy, I detect some caution in your response.

Do you feel like explaining the reason for caution further to earlier posts.

It seems clear enough to me but I wonder why are so many sources applying this 70 year pma term? Have they maybe not read the Schedule do you think?
by tsrwright
Fri Feb 20, 2015 7:01 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Andy, I detect some caution in your response.

Do you feel like explaining the reason for caution further to earlier posts.

It seems clear enough to me but why are so many sources applying this 70 year pma term? Have they maybe not read the Schedule do you think?
by tsrwright
Fri Feb 20, 2015 6:55 am
Forum: Copyright Law
Topic: Were is something published?
Replies: 3
Views: 2830

Thanks, Andy. Can't believe its that sensible and simple.
by tsrwright
Thu Feb 19, 2015 4:17 am
Forum: Copyright Law
Topic: Were is something published?
Replies: 3
Views: 2830

PS the composition, layout and press-ready files will be prepared in Australia.
by tsrwright
Thu Feb 19, 2015 4:12 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Following on from all the above I have found that a number of sources provide different advice. For example, in ‘A User’s Guide to Copyright ‘2006, (Flint, Fitzpatrick and Thorne, Sixth ed) it says at page 82, para 6.01, and it is similarly stated at page 87, para 6.09: The copyright in photog...
by tsrwright
Thu Feb 19, 2015 3:57 am
Forum: Copyright Law
Topic: Were is something published?
Replies: 3
Views: 2830

Were is something published?

If I write a book in Australia (of which I am a resident and citizen), have it printed in China and privately launch and sell it mainly in the UK (of which I am a resident and citizen), where is it published and what copyright law applies to a) content which is the copyright of others? b) my content...
by tsrwright
Wed Feb 04, 2015 10:27 am
Forum: Copyright Law
Topic: The Times Archived Content
Replies: 3
Views: 3012

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 ch...
by tsrwright
Wed Feb 04, 2015 9:34 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

:roll:
by tsrwright
Wed Feb 04, 2015 9:33 am
Forum: Copyright Law
Topic: Duration of company owned copyright
Replies: 37
Views: 14417

Science Museum agrees to copy Mr Prestwich!

Here he is Image

Sorry it's so big and this is just the contact print off the plate