Using old book illustrations in a new book
Posted: Wed Mar 16, 2022 8:11 am
Apologies if this has been covered before, but I am interested in using illustrations from old books, fiction and non-fiction to illustrate the content of my book, due to be published later this year, in the UK. It seems to me that if I can identify the illustrator and that they died 70 years ago, then I can simply scan the images to the correct resolution and publish them in their new context. Am I right? From what I have read here that seems to be right. But then when I look at the insides of the books I am using to scan them I come across things like: "all rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the proper permission of ...[insert publisher]"
When the book was published (1987), the illustrator was still under copyright.
Just to clarify, I have 4 books I want to use:
1) a facsimile (mostly) of a book published in 1987 first published in 1908. The illustrator (and author) died in 1940.
2) a compilation of written articles with illustrations, plus some modern comments, published in 1986, using articles and illustrations from the early twentieth century. Same illustrator as no. 1, so died in 1940.
3) a book of articles, original, published in 1931, by same author/illustrator. Died in 1940
4) a facsimile copy published in 1988, of a very rare book, first produced in 1908, only 75-100 copies. It has the addition of an introductory essay and foreword etc. The illustrator died in 1939. This says on the inside cover 'This edition C copyright 1988 SeTo Publishing Ltd. First published in Antarctica 1908.
Why would the publisher have copyright in these cases? Or is it that they did have copyright but that has since lapsed as the 70 years have gone by. Do I need to seek their permission?
Thank you for your help
When the book was published (1987), the illustrator was still under copyright.
Just to clarify, I have 4 books I want to use:
1) a facsimile (mostly) of a book published in 1987 first published in 1908. The illustrator (and author) died in 1940.
2) a compilation of written articles with illustrations, plus some modern comments, published in 1986, using articles and illustrations from the early twentieth century. Same illustrator as no. 1, so died in 1940.
3) a book of articles, original, published in 1931, by same author/illustrator. Died in 1940
4) a facsimile copy published in 1988, of a very rare book, first produced in 1908, only 75-100 copies. It has the addition of an introductory essay and foreword etc. The illustrator died in 1939. This says on the inside cover 'This edition C copyright 1988 SeTo Publishing Ltd. First published in Antarctica 1908.
Why would the publisher have copyright in these cases? Or is it that they did have copyright but that has since lapsed as the 70 years have gone by. Do I need to seek their permission?
Thank you for your help