© Copyright

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Who owns the copyright on postcards and other old photographs? We've spent some time researching the question, and received detailed advice from the UK Intellectual Property Office. (If you think we're wrong, or can add any information, please contact us.)

Photographs taken before 31 Dec. 1945

There is no copyright protection for photographs or postcards taken or printed before 31st December 1945. The only exception would be if a photograph had been protected on 1 July 1995 in another EEA State.

But it's not that simple. If someone copies an image taken before 31st December 1945, it would infringe their copyright to reproduce that copied copy! Clear as mud?

As an example, we've scanned many of these old postcards, and digitally enhanced them. Although we didn't infringe copyright because they were taken before 31st December 1945, the copies we made are protected by our copyright.

Photographs taken 1 Jan. 1946 to 31 Jul. 1989

If the photographs had been commissioned, the person who paid will normally own the copyright.

If the photographs hadn't been commissioned, the owner of the photographic print or transparency would hold copyright.

If an employee took the photograph, the employer would normally own the copyright.

Photographs taken after 1 Aug. 1989

If the photographs had been commissioned, the person who paid will normally own the copyright. Unless – as is often the case – the photographer included a 'privacy right' preventing any copying.

If the photographs hadn't been commissioned, the photographer would hold normally copyright. Unless they had been taken as part of their employment. In which case the employer would normally hold copyright.

Copyright period

Copyright protection on any image taken after 1st January 1945 lasts for 70 years after the death of the photographer – or the person who commissioned the photograph.

More information?

Please contact us if you require any further information.