Old Photos Copyrite

[seekthem]

I know copyrite is quite complicated but the reason I am asking is I am confused how some really old pictures have a copyrite right over the middle of a photo spoiling it and the copyrite is someone who is alive but the picture is ancient.  Hope I am making sense.  I was led to believe the copyrite is owned by the person who took it and lasts till 70 years after they have died and if you don't know who took the photo it is still the photographers copyrite.

[sillgen]

You are correct that copyright for photographs is 70 years from the date of the photograph or the death of the photographer, if known.   However, if the photograph has been used in a document put online or in a book by someone else then they are entitled to claim copyright for their version of the image.   The original may well be out of copyright but this "new" image is only just starting.    Does that make sense?

[seekthem]

Sort of makes sense.  Its old photos going onto facebook so don't see how it's a new image and it's getting spoiled with huge copyrite lettering and some are general ones from other sites but their copyrite is getting put on it.  e.g. old postcard (I have the same ones and shared but wouldn't dream it's mine to copyrite
ps Thanks for taking time to reply

[Billyblue]

Plus, copyright on photos only came in in the 1960s or thereabouts, I believe.

As Sillgen says, the copyright is only on the claimant's version / presentation of the photo.
For example, if you have downloaded an old photo from the late 19th century, say, and then photoshopped all the creases and spots out of it, what you have is different to the 'original' and is thus your copyright.
But fancy spoiling a photo by writing Copyrite / Copyright across it !!!

Dawn M

[RJ_Paton]

Plus, copyright on photos only came in in the 1960s or thereabouts, I believe.

The current legislation came into force in the late 1980's and basically it is the life of the photographer + 70 years as the copyright period (this was originally +50 years but was extended in the 1990's) - although whether this was done in the course of employment, as a specific commission or even contract details could all determine the copyright holder.

There is no copyright law  in the UK in respect photographs made before 31 December 1945. Copyright in photographs made on or after January 1, 1946 now lasts for 70 years from the end of the calendar year in which they were taken.

Publication of a previously unreleased photograph ensures Publication rights which are simlar to copyright but for a shorter period of time. Although literary copyright laws apply to the published work.

Just because someone is claiming copyright does not mean that they have it ..... but that said the ease with which copyright works are taken from the internet on a daily basis frustrates many photographers/artists and ensures that they restrict what they make available