Public domain

[geogphotos]

What is Alamy's definition of Public Domain? 

 

Does it include all images which are out of copyright?

 

Or only those which have been expressly released into Public Domain and are available on the internet?

 

If I have the only copy of a photographic negative in the form of a magic lantern slide given to me by the heir of the photographer is that PD ( the photographer died well over 70 years ago)?

Edited September 10, 2023 by geogphotos

[spacecadet]

Alamy doesn't actually use the term as it's an American concept.

However, if you are absolutely certain that it hasn't been published, there's currently an exception until 2039.

https://www.gov.uk/government/publications/copyright-notice-duration-of-copyright-term/copyright-notice-duration-of-copyright-term

Edited September 10, 2023 by spacecadet

[Michael Ventura]

16 minutes ago, spacecadet said:

Alamy doesn't actually use the term as it's an American concept.

 

But Alamy's AIM uses the term as an optional item you can check or not.  There is a little question mark you can click on, for their definition.  I tried to copy and paste it here but was not able.

[geogphotos]

Alamy does use the term. It is one of the 'Optional' tickboxes.

 

Thanks for the link. For photographs it refers to unpublished works made between 1 June 1957 and 1 August 1989 - copyright lasts until 31 Dec 2039. But the photographer could well still be alive so that is confusing.

 

I don't see anything for pre-1st June 1957 unpublished photos. Presumably it is just the normal 70 years after the death of the creator. ie) maximum of 2027

[geogphotos]

Is any photograph that is out of copyright automatically in the Public Domain?  

[spacecadet]

That link says this

Literary, dramatic and musical works unpublished at the end of 1988

Death of author Before 1969

Sorry, I didn't know it was referred to in AIM.

I suppose the real question is what does Alamy mean by it. Since it 's not referred to in the contract and has no meaning in English law which governs said contract, maybe Alamy can answer the question because it clearly causes confusion.

I don't use the term but take it to mean the same as "out of copyright".

Edited September 10, 2023 by spacecadet

[geogphotos]

If out of copyright then there is surely no restriction that can be applied to the use of the image. I don't like RF but logically that may well be the correct and only licence for these 'out of copyright' images. I've done that for some NASA images.

 

Until now I have ticked the PD optional box but perhaps that is actually putting oneself at a disadvantage giving the impression that the image is easily available for free.

Edited September 10, 2023 by geogphotos

[geogphotos]

25 minutes ago, spacecadet said:

That link says this

Literary, dramatic and musical works unpublished at the end of 1988

Death of author Before 1969

Sorry, I didn't know it was referred to in AIM.

I suppose the real question is what does Alamy mean by it. Since it 's not referred to in the contract and has no meaning in English law which governs said contract, maybe Alamy can answer the question because it clearly causes confusion.

I don't use the term but take it to mean the same as "out of copyright".

 

 

This is what I noticed and it is contradictory/unclear in relation to photographs - it says that it applies to photos then says that other rules apply??

 

Pre-1989 unpublished works (the ‘2039’ rule) and rules for specific works

Some works are protected in the UK until 31st December 2039, even where the author died perhaps hundreds of years ago. This is also known as the ‘2039’ rule., and applies to literary, dramatic and musical works, but not artistic works other than photographs and engravings. Other rules apply for photographs, films and sound recordings.

 

Type of work	Date of death of author	Publication date	When copyright expires
Literary, dramatic and musical works unpublished at the end of 1988	Before 1969	n/a	31 December 2039
(Also known as the ‘2039 rule’)
Engravings unpublished at the end of 1988	Before 1969	n/a	31 December 2039
Unpublished photographs and sound recordings taken/made between 1 June 1957 and 1 August 1989	n/a	n/a	31 December 2039
Published photographs and engravings	Before 1969	More than 20 years after author’s death and before 1 August 1989	50 years after publication

Edited September 10, 2023 by geogphotos

[spacecadet]

Aargh, is it "not" or "not not", as it were. Needs a close look at the CDPA.

[Mr Standfast]

Ask Alamy.

 

They have lawyers, it might distract them from messing around with making valued and important changes to the contract.

 

🦔

[geogphotos]

As it is Optional I think I will just interpret the best way I can. Anything from the internet ( NASA images) goes PD and RF, separate pseudo

 

One-off magic lantern slides - no Optional entries, goes RM and stays in geogphotos

Edited September 11, 2023 by geogphotos