Commercial use of old photos taken in National Trust properties

[ExD]

Hi,

I would greatly appreciate it if someone could provide a definitive answer to an issue I am facing:

Am I permitted to use old photographs of the interiors and grounds of National Trust owned Dunster Castle in a commercial context if the photographs were taken before the property was gifted to the National Trust in 1976? I am fully aware of the copyright laws concerning the rights of the photographers who took them; this is primarily a question about the National Trust’s right to prohibit their use.

Thank you.

[AndyJ]

Hi and welcome to the forum.

Assuming that the copyright in the images has not been transferred to the National Trust, and they don't own an exclusive licence from the copyright owner to exploit them, then they have no right to object to the images being used by third parties. Since the photographs pre-date the acquisition of the property by the NT, there can be no grounds for alleging that the images were taken in contravention of any NT rules regarding photography on premises they now administer. If you know the identity of the photographer, this is where I would start: if you can contact them or their heirs, ask for some clarification over any rights which may have subsequently been transferred to the NT. If you are unable to locate the photogrrapher or their heirs, you may be able to obtain an orphan works licence to use the photographs, and it would then be up to the NT to prove they have some rights over the images. An orphan works licence would indemnify you against any claim raised by the NT. More on how to do this here: UK IPO