[OSM-legal-talk] Copyright of old media / images / maps

Martin Koppenhoefer dieterdreist at gmail.com
Fri Apr 4 19:09:15 UTC 2014



> Am 04/apr/2014 um 19:09 schrieb Simon Poole <simon at poole.ch>:
> 
> Their are quite a few facets of this issue, just some of many:
> 
> - do you actually have access to an original copy? Obviously who ever is
> providing access to an online version is completely free to define
> whatever ToS they want.


this wasn't obvious to me, I can understand that they can charge whatever they want for making available a copy, but I didn't know they could further contractually forbid to redistribute / copy / upload to wiki commons etc., even if the material is in the PD according to copyright law



> 
> - sweat of the brow provisions as Eugene mentions


seems not to exist currently in USA and GB though



> 
> - "dead for centuries" is typically not actually true in the plural.
> Particularly if you might have had rather young co-authors (aka
> apprentices) you might be surprised how far in to the 20th century
> copyright protection could potentially extend.


yes, for late 19th century works this is true, for 17th and 18th century you can safely assume that it is not an issue

Thank you for your comments so far!

cheers,
Martin 


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