Copyright re WW1 images

[heywood]

Hello,
Can anyone offer advice or explanation please?

At the moment there is much interest in WW1 and many photos in articles.
I have seen a picture I would like to use in a piece of writing which would be published.
It is a copy of a painting which was apparently destroyed. The artist painted it at the time and died in 1963.
It has been widely used in articles in newspapers, online and regimental material.
Apparently it was very popular and copies were on show in family homes in the years after the Great War.
I have searched re copyright and there is an article which states that it is not in copyright in USA but should not be included in Wikimedia Commons because it could be elsewhere.

Can anyone help please?
Regards
Heywood

[jess5athome]

Hi, I'm certain someone will let you know sooner or later but in the meantime................

I'm certain copyright law is a "minefield" (no pun intended  ) but could you not make a list of acknowledgments or a bibliography to include in your work, also just add a note saying that no copyright infringements are intended?

That's just my thoughts on the matter, good luck with your piece of work by the way 

Frank.

[heywood]

Thanks for the good wishes, Frank- I agree with all you say  but didn't think of the infringement note so that is something to discuss with my writers group.

[Rena]

Until somebody comes along who could assist, have you seen this webpage which explains the situation prior to, and after, 2006?

https://www.dacs.org.uk/knowledge-base/factsheets/protecting-copyright-and-artists-resale-right

[heywood]

Thanks Rena.
I had read about the 70 yrs etc. but it does seem to be widely used on various sites.
I am quite tempted not to bother but is very apt.
I will try to contact the regimental site - just had that thought!

Heywood

[Treetotal]

Have you thought of asking the websites who are displaying the print if it is copyright free?
Carol

[Marmalady]

"The artist painted it at the time and died in 1963."


My grandfather was an artist and he died in the thearly 1970's

His surviving children & grand-children still retain the copyright on his pictures for 70 years after his death

So the picture is most likely still copyrighted --unless the artist's family have made it public domain

[heywood]

Have you thought of asking the websites who are displaying the print if it is copyright free?
Carol

Yes I have done that - I thought of it as I wrote the post before yours.

Marmalady,
Yes, I understand that. I was just wondering as it is widely available when you search and has been used in newspapers etc.  and many homes apparently had copies hanging on their walls after WW1.

Many thanks to everyone for your advice and comments. I will see what transpires from my query with the site.

[Marmalady]

The prints "hanging in many people's homes" were almost certainly licensed prints -- ie made with the permission of the copyright-holder -- and sold for their benefit
Same goes for publication in newspapers & magazines -- they will (usually) have got permission from the copyright holder

The existence of such prints do not make it copyright-free  for anyone else wanting to use the image -- you will still need the permission of the copyright holder

A copyright holder can give or sell an individual / organisation permission to use the image either as a one-time event, or to make as many copies etc as they want -- but they still retain overall copyright and can grant / refuse permission for further use as they wish

Just because an image is widely available, does not mean it is free to be used