Postcard published for a retailer

Tracing copyright owners and asking permission.
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northernlight
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Postcard published for a retailer

Post by northernlight »

I have a postcard which I would like to use in a book. It is not dated but from the cars in it I reckon it to be late '70's - early '80's. It was published for a local newsagents by a company which was taken over a couple of times and eventually wound up around 2010. With whom would the copyright lie - could it be the newsagents for whom it was published ?
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AndyJ
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Re: Postcard published for a retailer

Post by AndyJ »

Hi northernlight,

At a guess I would think the company which published it on behalf of the newsagents is the most likely owner of the copyright. But as you suggest, depending on the contract between the newsagents and the publisher, it is possible that the former as the firm which commissioned the project, may have paid for the copyright to be transferred to them. If you don't have any luck tracing the heirs to either of these businesses, this sounds like a prime candidate for an orphan works licence.
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
northernlight
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Re: Postcard published for a retailer

Post by northernlight »

Thanks AndyJ,
The newsagents are still on the go - I'll check with them. I have had a look at the orphan works scheme, I just wish that they would give some idea of the cost of the license.
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AndyJ
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Re: Postcard published for a retailer

Post by AndyJ »

Hi northernlight,

If the newsagent is still in existence then that is the best place to start. Expect a certain amount of head scratching from them, initially! If they disclaim ownership of the copyright then the orphan works licence route is definitely viable. The fees are based on the IPO's assessment of the market value of a licence for a similar type of item and the intended use, so in your case, the likely print run of the book. The fees, in my limited experience, are pretty modest. You can contact IPO staff (orphanworkslicensing@ipo.gov.uk) and see if they will give an estimate. There is also an application fee, in your case this would be £20.
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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