Venue music posters advice

If you are worried about infringement or your work has been copied and you want to take action.
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Christina
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Venue music posters advice

Post by Christina »

Hi, does anybody know if posters like this would be copyrighted please.https://www.heritage-posters.co.uk/prod ... e-version/
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AndyJ
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Re: Venue music posters advice

Post by AndyJ »

Hi Christina and welcome to the forum,

Yes I rather suspect copyright may still subsist in that kind of poster. Whether anyone would want to enforce it is an entirely different matter.

At the time it was published it would certainly have been entitled to a typographical copyright protection (see section 8 of the Copyright Designs and Patents Act 1988), but since that particular right only lasts for 25 years, that has now lapsed.

The other protection may rest in this being both a literary work and an artistic work, although both of these characterisations would be hard to prove in court since all the elements are factual and there is little scope for creativity beyond the layout of the elements which itself is pretty standard and unoriginal. If this was to be classed as a literary and/or artistic work, then the term of the copyright would be the lifetime of the graphic designer plus 70 years after his death.

Since Heritage Posters are selling reproductions of the original, and I very much doubt if they have acquired the rights to these posters, I suspect that they are assuming that no copyright exists, or are taking a chance that whoever might once have owned the copyright is unable or unintertested in enforcing it 50 years on.
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
Christina
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Re: Venue music posters advice

Post by Christina »

Thankyou so much for your reply. Very much appreciated.
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