Reproducing art from old magazines

If you are worried about infringement or your work has been copied and you want to take action.
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DustD
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Reproducing art from old magazines

Post by DustD » Wed Jun 22, 2016 1:10 pm

Hello. I have a large collection of late fifties/early sixties copies of RAF Flying Review.

In each copy are artwork by Peter Endsleigh-Castle of aircraft that I would like to reproduce as posters (after adding some text such as name etc.) and sell online.

Mr Endsleigh-Castle died in 2008.

Am I correct in assuming that these images are still subject to copywrite and if so who do I contact to obtain permission - the artists family, the magazine publisher or both?

If I am unable to contact either of the above, could they make a retrospective claim of infringement and what are the potential implications?

Many thanks.

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AndyJ
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Post by AndyJ » Wed Jun 22, 2016 5:25 pm

Hi DustD

Yes, you are right that the work of Mr Peter Endsleigh Castle will remain in copyright until 2079, ie for 70 after his death. Note that some sources say his surname was just Castle, and that Peter Endsleigh were his first names.

Exactly who owns the copyright in the particular images you are interested in will depend on the commissioning agreements made between the artist and the magazine at the time. As he was a freelance illustrator I imagine that he might have retained the copyright and just licensed Flying Review to use his images, but of course the magazine may have bought the copyright as part of the commission fee.

Since I have no information on either the artist's estate or the fate of the publisher of RAF Flying Review, I have done a check on the Design and Artists Copyright Society database and his name doesn't come up, but it's a bit of a clunky search tool so it might be worth making a telephone enquiry to see if they have any record of his estate.

He left a will but it will cost you £10 to get a copy of the Probate grant which will show who it was granted to. Other than that I can only suggest you try some of the museums dedicated to flying (the RAF museum obviously) and possibly Barronmaps as they seem fairly knowledgeable about his career.

If all those leads, plus any other which are suggested to you along the way, fail to find his heir, you will be well on the way to fulfilling the requirements of a diligent search and so to apply for an orphan works licence through the IPO.

If you get an orphan works licence it will indemnify against any retrospective claim of copyright infringement. Given that he only died 8 years ago and is very well-known, I think that going ahead without either permission or an orphan works licence would almost certainly invite trouble, which could result in damages amounting to all the profit you may make from selling the posters, plus potentially the other party's costs, being awarded against you.
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DustD
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Post by DustD » Thu Jun 23, 2016 10:16 am

Hi AndyJ

Firstly, thank you for you prompt and incredibly detailed reply.

I made the assumption that his name was 'Peter Endsleigh-Castle' based upon the sources I am looking to reproduce which just said 'Peter Endsleigh Castle' (no hyphen). I'd never have guessed it is probably 'Peter-Endsleigh' as you say.

I have noticed that some of his artwork does bear the copyright symbol and his name, some just his name and some with no sign of the artist at all. Having reviewed the images again, I note that some bear the name of Jean Noel - a different artist (though they look identical in style)!

I will make the enquiries you wisely suggest.

Thank you again.

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Post by DustD » Wed Jun 29, 2016 12:42 pm

Hi Andy

I have received a copy of the Will and Probate now for the late Peter-Endsleigh Castle.

Before I write to the people listed on the Probate (his wife and daughter), I wanted to see if you had any suggestion how I should word this. Obviously it is a sensitive issue and I fear that I could inadvertently upset them with my request.

I am also unclear on how to proceed with the issue with regards to the copyright - I could not find anything specific in the Will with regards to who owns the copyright for his artwork. Does this automatically pass to his heirs?

If the work is copyrighted, should his heirs possess some kind of documentation to prove it? If so, how could I satisfy myself that I need their permission to reproduce it?

My concern is that I could told I am not allowed to use the images without permission, without any kind of evidence to back up the claim.

Many thanks.

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AndyJ
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Post by AndyJ » Wed Jun 29, 2016 6:47 pm

Hi DustD,

Yes copyright would automatically pass to the heir who inherits the rest of the estate if there is no specific reference in the Will to any special treatment for the copyright (see Section 90(1)). But of course it may be that Mr Castle made some arrangements concerning copyright prior to his death.

I'm sure it will do no harm to contact his widow and ask. I would have thought that she would be pleased that someone wanted to keep her husband's work alive. And since other people seem to be publishing examples of his work, it rather sounds as if you are unlikely to get a straight refusal, unless of course the rights have already been licensed exclusively to someone else. If this is the case, then you may have to approach them to get a sub-licence for the works you are interested in.

And there is of course the chance that Mr Castle's widow possesses some her husband's unpublished works or some preliminary sketches etc which if you show an interest in them, might offer another publishing opportunity.
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Joanne Frank
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Peter Endsleigh Castle

Post by Joanne Frank » Sun Aug 21, 2016 9:17 am

I happened to come across your posts whilst searching for information regarding my late father, Peter Endsleigh Castle, and understand that you have obtained a copy of his will in order to contact his relatives. I am Joanne Frank, his daughter and executor. Unfortunately my mother (his wife) sadly passed away at the end of last year. The address you have for me in the copy of the will is not current - I would be happy to discuss your queries so please do contact me on my email address - j.frankinteriors@yahoo.co.uk.
JoJoF

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