Photograph - Rights Question

[hagwalther]

This is my first listing under Award Documents as I basically only collect medals and award badges, so, if this the wrong forum to ask the question below then I apologise.

I have just purchased a photograph of a pair of German Soldiers and although I believe that I legally own it I would like to know if I have any rights regarding the use of the image.

If I was to say place the photograph here on the Forum whould I be in breach of Copyright with the original photographer and if others were to 'lift' the image and then used it to their advantage (or not) would they be in breach of any of my rights being the legal owner of the original?

I am sure that this question has been answered may times and would be delighted if members could put me in the right direction.

Thanking in advance.

Regards ...

[Airborne Nut]

Just going from memory on this one, unless you are the original photographer or have the original negatives, I believe that whoever the original photographer has copyright over the images. (Again just going from memory on this one as I have tried to make copies at the local photo shop and they let me perouse the laws on illegal copying of photos) Not too sure if there is a time limit on it though (Ie WWII???)

I would imagine if the photo says copyright... on it don't do it, but otherwise I've seen hundreds of pics on here that people have posted that were from the war.

Maybe one of the lawyers on here can step up to the plate?

-SHane

[Rick Research]

Consult this one:

http://dev.wehrmacht-awards.com/foru...ight=copyright

I believe the best we can say is that a specific photo is scanned from a specific item owned by us and in our collection. Actual copyright is virtually impossible to ever account for from anonymous photos.

[Chip Hopkins]

Beyond Copyright...if you are concerned about placing photos on this or any other website. You can do what many do and that is to scan it in and place text over the photo image, which may deter some from lifting the photo for other uses, e.g., "John Smith Collection". A simple photo editor usually has text capability in it.

Chip

[hagwalther]

Thanks for all your input guys.

When I get the photo I will post it as it seems a bit different and of possible interest to others.

All the best ...

[Infanteer]

After reading this thread I did a quick "Google" search using "Copyright duration" and found lots of interesting information, too indepth to restate here, but it is easy to get an idea for how long certain types of media retain their copyright status. If you're concerned about this at all I suggest you take a look. Of course every country has their own specific laws, but as you will see there have been some recent changes by which a number of coutries (Europe) are essentially following the same guidelines.

Cheers,
Steve

[hagwalther]

Thanks Steve, lots to think about.

One would never think that it had the potential to be complicated.

Regards ...

[Todd Gylsen]

I thought I read somewhere that WW II Germany lost all their copyright protection after their defeat. I don't remember exactly where I saw this. Could this be a possibility?

[Akira Takiguchi]

Regarding copyright, the most important factor regarding the WWII pictures is:

Photographs were traditionally very underprotected.

In Japan, where both Berne convention and International Copyright Treaty are applicable, the situation for photographs has been like this:

1971 right extends 50 years after publication.
1996 right extends 50 years after the death of the creator.

Up to 1971, the right only extended to 10 years after publication.
Due to the temporal extention before 1971 law goes in effect, 10 was increased 13.

Thus, copyright of photographs published before 1956 have expired.

(this information is from Copyright Research and Information Center Q&A page)

Of course, any photos you take these days will be protected at least 70 years after you join the great army.

But!

Not only copyright, but other rights may affect your publication.

For ordinary figures, "Rights of likeness" may apply.
The pictured man can deny the publication of the picture.
This right cannot be transferred to a third party --- so if pictured figure is not alive any more, this is not basically a problem.

For famous figures, "Publicity Rights" may apply.
This right can be transferred to a third party.
You need consent from both the photographer and the agent who has publicity rights to publish a photo of a Hollywood star.