User:Jheald/BLproject

Working page for the templated legal notices for different types of content for an upload in conjunction with the BL.

The content was all created before 1800; it mostly consists of engravings and engraved maps, with some drawings and hand-drawn maps.

Relevant classes for CDPA transitional provisions for existing works are defined by their classification under the 1956 Act. (CDPA sch 1 clause 12(1)):

Under the 1956 Act "artistic works" encompasses "paintings, sculptures, drawings, engravings and photographs" (all irrespective of artistic quality), "works of architecture, being either buildings or models for buildings", and "works of artistic craftsmanship, not falling within either of the preceding paragraphs" (1956 Act s.3(1)).

"Drawings" include "any diagram, map, chart or plan" (1956 Act s.48(1)).

"Engravings" include "any etching, lithograph, woodcut, print or similar work, not being a photograph" (1956 Act s.48(1)).

Standard (published in the C18th, known creator)

• UK copyright term (flowchart) & legal basis:

70 years pma ..... (CDPA sch 1 clause 12(6) fall-through --> CDPA s.12(2) as amended)

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain for the following reason: This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 100 years or fewer. This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929. This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the digital reproduction's license are not compulsory.

Posthumous first publication in the C18th (known creator)

• For engravings (not maps/charts), if author died more than 20 years before first publication: copyright term is 50 years after publication ..... (CDPA sch 1 clause 12(2)(b) --> 1956 Act s 3(4)(a)), if longer than CDPA 12(2) above (SI 1995/3297 Cl 15(1))
• (this is the technically appropriate set of tag templates; but in practice if we're not too careful, we might simply use the standard-case one above).

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain in its source country for the following reason: Non-photographic UK works published posthumously are in the public domain in the UK, and not subject to URAA restoration, if work published posthumously, before 1945 and author died 20 years or more before publication In this case, copyright expires 50 years after publication, which is 1995 or earlier. The work of art itself is in the public domain in the United States for the following reason: This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929. This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the above license are not compulsory.

Published in C18th (unknown creator)

• Copyright term: 70 years after first publication ..... ( CDPA s.12(3)(b) as amended; because this exceeds CDPA sch 1 clause 12(3)(a) --> 1956 Act Sch 2, per SI 1995/3297 Cl 15(1))

The following template combination, though we might simply use the previous above even if its UK rationale wouldn't quite be exact

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain in its source country for the following reason: This UK artistic or literary work, of which the author is unknown and cannot be ascertained by reasonable enquiry, is in the public domain because it is one of the following: A photograph, which has never previously been made available to the public (e.g. by publication or display at an exhibition) and which was taken more than 70 years ago (before 1 January 1954); or A photograph, which was made available to the public (e.g. by publication or display at an exhibition) more than 70 years ago (before 1 January 1954); or An artistic work other than a photograph (e.g. a painting), or a literary work, which was made available to the public (e.g. by publication or display at an exhibition) more than 70 years ago (before 1 January 1954). This tag can be used only when the author cannot be ascertained by reasonable enquiry. If you wish to rely on it, please specify in the image description the research you have carried out to find who the author was. The above is all subject to any overriding publication right which may exist. In practice, publication right will often override the first of the bullet points listed. Unpublished anonymous paintings remain in copyright until at least 1 January 2040. This tag does not apply to engravings or musical works. More information The work of art itself is in the public domain in the United States for the following reason: This work is in the public domain in the United States because it was published (or registered with the U.S. Copyright Office) before January 1, 1929. This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the above license are not compulsory.

Crown copyright expired (whether or not published)

• For artistic works made "by an officer or servant of the Crown in the course of his duties" other than unpublished engravings (see TNA flowchart)
• No publication rights are available for material that was crown copyright. (SI 1996/2967 Cl 16(5))

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain for the following reason: This work created by the United Kingdom Government is in the public domain. This is because it is one of the following: It is a photograph taken prior to 1 June 1957; or It was published prior to 1974; or It is an artistic work other than a photograph or engraving (e.g. a painting) which was created prior to 1974. HMSO has declared that the expiry of Crown Copyrights applies worldwide (ref: HMSO Email Reply) More information. See also Copyright and Crown copyright artistic works. This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the digital reproduction's license are not compulsory.

Unpublished (known creator)

• For unpublished artistic works with a known creator, other than unpublished engravings: 70 years pma ..... (CDPA sch 1 clause 12(6) fall-through --> CDPA s.12(2) as amended)
• A publication right may be running, if the work has been communicated to the public since 1996 (SI 1996/2967 cl 16). With luck, any of these should have been turned up in the recent recataloguing, but that needs to be checked and cannot be guaranteed.

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain in its source country for the following reason: This work is in the public domain in its country of origin and other countries and areas where the copyright term is the author's life plus 100 years or fewer. This file has been identified as being free of known restrictions under copyright law, including all related and neighboring rights. https://creativecommons.org/publicdomain/mark/1.0/PDMCreative Commons Public Domain Mark 1.0falsefalse The work of art itself is in the public domain in the United States for the following reason: This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information. This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the above license are not compulsory.

Unpublished (unknown creator)

• For unpublished artistic works with an unknown creator (see TNA flowchart)
• No publication rights are available for works where copyright has not yet expired (SI 1996/2967 Cl. 16(1))
  • If the author has ever been identified, s/he is no longer unknown; for works of this age copyright would have expired, so in that case a publication right might be running. It must be not possible to identify the author by "reasonable inquiry".

This is a faithful photographic reproduction of an original two-dimensional work of art. The work of art itself is in the public domain in its source country for the following reason: It is believed that this work by an anonymous or pseudonymous creator, which has never been published with the permission of a copyright holder, and which satisfies certain other conditions, will remain technically in copyright in the UK until at least 31 December 2039. (See [1]). However, under CDPA s57, acts will not be infringing if it is reasonable to believe that the unknown creator died more than 70 years ago. The Commons community interprets this to apply to works created more than 120 years ago. This tag can be used only when the author cannot be ascertained by reasonable enquiry. The work of art itself is in the public domain in the United States for the following reason: This work was never published prior to January 1, 2003, and is currently in the public domain in the United States because it meets one of the following conditions: its author died before 1954; the death date of its author is not known, and it was created before 1904; it is an anonymous work, a pseudonymous work, or a work made for hire, and it was created before 1904. The above provisions are contained in 17 U.S.C. § 303. See also this page for more information. This digital reproduction has been released under the following licenses: This work has been released into the public domain by its author, the British Library. This applies worldwide. In some countries this may not be legally possible; if so: the British Library grants anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law. Public domainPublic domainfalsefalse In many jurisdictions, faithful reproductions of two-dimensional public domain works of art are not copyrightable. The Wikimedia Foundation's position is that these works are not copyrightable in the United States (see Commons:Reuse of PD-Art photographs). In these jurisdictions, this work is actually in the public domain and the requirements of the above license are not compulsory.

Other cases

• Unpublished engravings with known authors will remain in copyright until 2039, with no s.57 infringement waiver available. In principle the copyright could be claimed by an heir.
• Engravings by known authors that were unpublished in the 18th century but have published since 1969 (with the permission of the copyright owners) will be in copyright until 2039 (if published after 1988), or until 50 years after publication (otherwise).
• Types of unpublished items other than "artistic works" (ie unpublished literary, dramatic, or musical works) with known authors would similarly be caught by the 2039 issue.
• If there are any works of unknown authorship, that were unpublished in the 18th century but were first published between 1969 and 1989 with the permission of the copyright owners, the wording of the template above would not be quite right because they would not then be 2039 works. However they would still fall within the terms of s.57