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Question Photographs

Answer

Photographs pose a particular problem in a multimedia repository because they may be derived from another image especially an analogue one. The latter case will almost certainly have or had copyright in the original image. Satisfactory answers are essential. Copyright may also switch between photographic copyright and literary copyright

in the digital image. Is the image derived from another photograph?

If yes go to Q 102.

If the image is derived from an old photo, how was it produced – by

If it was simply scanned with no ‘touching up’ or

scanning?

skilful manipulation then there is unlikely to be

100

101 102

103

104

105

106

107

108

109

How old is the original photo or when was it taken?

Who took the original photo?

Is the original still in copyright?

If the original is still in copyright, have you got permission to digitise and what limitations were stipulated?

Are living people included?

If the photo was taken since 1988, has the author been acknowledged? If this is an original digital image, then is copyright cleared and what conditions are attached to its use?

new copyright, simply a copy. If the image was deteriorating and skilful manipulation was necessary then there may be copyright in the new image. There are complex provisions for copyright in old photos – see Copinger and Skone James for full explanation. Generally the original photographer is the owner of the copyright, but check the changes in legal provisions. If author is unknown depending on age it may be acceptable to digitise with a note that copyright holder is untraceable and asking for information. Then permission from copyright holder to digitise will be needed. If no permission documentation is available do not include in the repository. Ensure all permissions are recorded together with all limitations on use. Limitations should be set out clearly when the individual image is displayed. It may be necessary to consider privacy, confidentiality etc and seek their permission for it to be displayed. Need to acknowledge author, especially if they have asserted their moral rights. Note rights information and any limitations in a record of rights.

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