Copyright Aid

Good evening, guys.

I am haunting your forum yet again, I’m afraid, as I’m not quite sure where I go with this.

I’m still in Women’s Suffrage mode and was triumphant when I managed to obtain a fine (hand coloured) postcard from the Artists’ Suffrage League (used and posted in 1912) for a few pence. Hoorah! I had high hopes of enlarging said postcard to poster size for an upcoming exhibition but, on checking the signature of the artist I have drawn a blank. The signature is completely unintelligible, so the artist (and the date of her death), a mystery. The VAD site have an uncoloured line drawing version of the card and record the artist as an ‘unidentified designer’. The LSE likewise, and they have made no attempt to identify the artist but say that it is registered as a Creative Commons Non-Commercial Use item.

I am assuming that my postcard (which is hand coloured, so not exactly like those above in every detail) would also be available for my intended use? I’m working on the premise that these worthy institutions have good reason to consider the work out of copyright, but my nerve has failed me. I would be so grateful for any help with this one, please.

Huge thanks, everyone. Looking forward to hearing from you.

All very best

Hi Sally,

Good to hear from you as ever.

The law about this situation is to be found in section 9 CDPA, which says:

(4)For the purposes of this Part a work is of “unknown authorship” if the identity of the author is unknown or, in the case of a work of joint authorship, if the identity of none of the authors is known.

and section 12 then sets out the duration of protection for a work of unknown authorship as follows

(3)If the work is of unknown authorship, copyright expires—

(a) at the end of the period of 70 years from the end of the calendar year in which the work was made, or

(b) if during that period the work is made available to the public, at the end of the period of 70 years from the end of the calendar year in which it is first so made available,

Since the postcard was posted in 1912 it must have been made available to the public at or before that date so we can safely say the work is no longer in copyright. Furthermore the Creative Commons licence declared by the LSE is void, that is to say their version could be used commercially if someone wished to do that. I don't think the fact that your card is hand-coloured makes any difference.

Hi Andy

Thank you so much for your sterling efforts here.

I can’t tell you how pleased I am with this news - I shall move onwards and upwards without fear of reprisals! It is interesting that museums and the like frequently slap some sort of copyright restriction or attribution requirement on the items in their collections. It always makes me nervous (as I suppose it’s meant to do)

As always, huge thanks for your very speedy and erudite response.

All very best

Sally