Copyright

[Vor]

The question of copyright comes up often in our little circle, & here are some observations I have made over the past several years.


Alot of people claim copyright for WW2 photographs, both private individuals as well as muesums/archives. In most cases, it is only a 'claim'. They really have no idea if they are the legal owner of copyright for a parituclar item.

For example, the Imperial War Museum claims copyright for all their captured German WW2 photos. The AKG claims it for theirs too. Those two archives often have the same photo; I guess someone is lying. Hans Wijers is a good example of an individual claiming copyright for everything that touches his fingers!

This seems to be a 'European' disease as the U.S. archives such as NARA or the LOC are very upfront about their rights (or lack of).

Regarding Nazi material, it is complicated. Some of it was declared to be 'public domain' and not applicable to copyright law. Some was not.

Each photo in question would cost an enormous sum of money to verify the legitimate copyright, which is why people & institutions simply 'claim it outright'. Their tactic is to scare you away. Fear is cheap.

So, don't be too scared when it comes to someone claiming copyright for an item going back to Nazi Germany, ESPECIALLY generated from a government employee.

The reason why copyright is so often extended in our lifetimes is to forever protect big corporate icons, such as 'Mickey Mouse', or blockbuster movies or books. Our hobby is not even close to that kind of financial interest. But unfortunately, it does have a negative impact on our ability to collect.

Remember, if someone accuses you of copyright infringement, it is up to them to prove their ownership in court. In most cases, it would be impossible.

It is sad that the general public has no idea whatsoever how they get screwed on this copyright legislation. Every 15 years or so, it is quietly extended, and nobody notices or complains. After the revolution, the founding fathers of the USA declared copyright to exist for 14 years.

Compare that with now.

[Vor]

http://news.yahoo.com/news?tmpl=story&u ... _song_dc_5

You see, even my own president overlooks copyright when he feels like it.


Hmmm, a song from the 1970's, well known artist...seems blatant to me.

[Anton]

As a kid I collected war memoribila and spent at least one trip to Germany every year. I bought a complete collection of Der Adler, the luftwaffe magazine in Hamburg in 1975.

It was left in my familly home for many years and as my father died a couple of weeks ago, I have been going through a lot of junk and stumbled upon them. My first thought was e-bay. But maby I should scan them and put them up on a small fee pay-site first. Does anyone know if there is copyright issues on them?

[Tom Houlihan]

I don't know how it is over there, but anything published by the government has no copyright. It is owned by the public, essentially. Thus, if the Luftwaffe published it, by that line of thought, there would be no copyright. Even if there was, that government no longer exists! But remember, I'm not a lawyer, and I'm not Swedish, so I don't want to get subpoenaed to Stockholm!!

[SvenW]

The Federal Republik of Germany is the successor in interest of the Reich. And it´s organisations...

And it hold it´s own copyright, even for material of the Luftwaffe.

@ Anton:

Following German laws, you can do it as a project of education and public interest. You must only name the source completly.

[Tom Houlihan]

Thank you, Sven! That's good information to know. It shows that I misunderstood the situation. You may have kept me out of trouble!

[Shadow]

.............., and I'm not Swedish, so I don't want to get subpoenaed to Stockholm!!

Dear Tom -

Would you change your tune if you were subpoenad at goverment expense ?? -

Word of advise though - If you're going to Stockholm .......... leave the little missus behind !! - Trust me on this one !! -

Best regards to Sir Thomas of Houliganville, K.C.d O.S.

[Tom Houlihan]

Would you change your tune if you were subpoenad at goverment expense ??

Well, as long as I was a witness, and not the accused!!

[Anton]

Thanks all.

Just for the legal situation: I live as a registered citizen in Spain since june and was thinking of publishing on Canadian or US servers. International law and the Internet is a mess.
But it will be in the interest for the public, and I doubt that the German government will have interest in suing for copyright issues.

[Vor]

I don't mean to imply that we all break the law, but we need to be realistic. The current laws are really designed for big corporate interests. As already mentioned, I doubt if the German government has the time, money or interest to investigate various WW2 photos. As long as you don't sell them for money (that is where trouble can begin), you should be OK.

[Christian Ankerstjerne]

I have talked to my lawyer, who confirms what I've been saying all along (mind you, this is only true for Danish residents): copyright on private photographs taken during WWII has expired, and are in the public domain. Copyright on photographs taken by press photographers expires 70 years after the death of the photographer.

[Tom Houlihan]

Christian, this subject and its variations have been discussed a lot. I wonder if Jason and Marcus ought to make stickies for copyright issues? Might save some extra threads!

[graykcb]

Hello,

As I understand it all German WW2 property and copyright (whether belonging to individuals or businesses) was declared null and void by various acts and laws of the Allies. The 'Enemy Property Act 1953' issued by the British, an equivalent (whose title escapes me) issued by the USA basically allowing free use of any enemy property (copyright) rights within that country.

An example say of the film 'Triumph of the Will'. If you have an original WW2 copy of the film (brought into Britain between 3rd Sep 1939 and 9th Jul 1951) you may do as you please with it within Britain (within reason) but not necessarily the rest of the world (world rights may be claimed but not necessarily acquired by Germany !). If you have a copy reproduced by a film company however that film company owns the copyright to the copy (but not the original !).

Recently acquired items like personal photographs will probably have expired copyright as someone pointed out before.

Not exactly clear and I doubt the last we will hear for some time to come.

Kevin

[daveinnola]

grining while opening a jerry can of av gas to add to the fire , last month i traveled to cardiff south wales , while i was there i went to the museum of wales cardiff to obtain a copy of a catolouge of the hansen and sons works , they were marine photographers from the twenties to the seventies , thousands of pictures of every ship that visted cardiff during that time , donated to the people of wales for their education , now when i called from new orleans last year the price for the shipping and handeling of a 19 page book was $50 lol , when i got there the so called book was out of print the collection was forty miles to the north in a warehouse , or so they thought , in the meanwhile a forty million pound nartical museum was opened in swansea , sans even a list let alone the collection that was donated to the people , the museum bookstore had more people than books , and they will fight to the death to preserve "copywrite" so my return attitude to them and the great hansen collection photo,s i have is screw you , i bought them , and i will use them as i see fit , oh by the way as i see fit it giving merchant navy veterans free copys or as free as i can make them grin