Andy: Yes I know I said I couldn't categorically say that unpublished photographs created prior to 1 June 1957 were out of copyright, but that was due to my natural caution on such matters because the courts have not definitively ruled on this possible anomaly. That is not to say I think it is a major issue.
I follow that and from a practical point of view it is not a major issue but it could be if a museum won’t copy a photograph for publication. Please note my interest is in my publishing photos 1902-1960 approx. The Science Museum picture issue was just the straw the broke the camel’s back in my attempts to understand what the law says in the face of much that was published and confusing (present forum excluded

tsrwright wrote:
It does look as if Section 3, subsection 2 of the Seventh schedule to 1956 Act applies to photos taken before its commencement so that for unpublished photos taken before 1 June 1957 copyright was extended until after they were published.
Andy: I don't follow your argument here. Section 3 of Schedule 7 deals with ownership of the copyright, not the duration (which is covered in section 2 of the schedule).
I think the issues relevant to me and others like me are mainly duration and I had skimmed over Section 3 as it seemed to deal with employment and commissioning issues.
However, reading the 1956 Act, Schedule 7, Section 3, subsection 2 again it says in full with my emphasis:
Duration of copyright
2. In relation to any photograph taken before the commencement
of section three, subsection (4) of that section shall not apply, but,
subject to subsection (3) of that section, copyright subsisting in the
photograph by virtue of that section shall continue to subsist until
the end of the period of fifty years from the end of the calendar
year in which the photograph was taken, and shall then expire.
So I cannot now see where I got my argument from or that there is much ambiguity, at least for practical purposes. But I note your caution regarding this not being tested.
And for the record the 1988 Act, Schedule 1, Subsection 2 says:
2) Copyright in the following descriptions of work continues to subsist until the date on which it would have expired under the 1956 Act— …
(c) published photographs and photographs taken before
1st June 1957;
If, as we seem to conclude, that all photographs taken before 1 June 1957 had a copyright period expiring fifty years after the end of the year that the photograph was taken, that is very significant. Other guides online are saying that is 70 years after the death of the author right back to 1912 and it was that sort of advice that started me on this chase.
Regarding Mr Prestwich, thank you for that. (still can't post a picture which is a pity.