Photographic Copyright in the EEA

Subject: Photographic Copyright in the EEA
From: Simon Smith (
Date: pe 21 helmi  1997 - 13:39:04 EET

I have come across the case of an archive of photographs dating from the
1930's and 40's, mostly of celebrities of the day.

Under the UK Copyright Act 1911 such photographs would have received
copyright protection for 50 years from the date they were taken (a
position unaffected by the 1956 Copyright Act), and therefore would by
now be well out of copyright.

However, under the Duration of Copyright and Rights In Performance
Regulations 1995 copyright in the UK is revived for exisiting works in
which copyright expired before 30 December 1995 but which were on 1 July
1995 protected in another EEA state under legislation relating to
copyright or related rights (Regulation 16(d)).

I just wonder whether such photographs would have enjoyed protection in
another EEA country on 1 July 1995.

I would be grateful for any thoughts.

Simon Smith
Paris Smith & Randall

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