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Copyright Advice

Intending to publish documents held at the Archives?

This unit is designed for people who need to know what permissions to obtain to publish items held here.

Items held at Gloucestershire Archives may be subject to copyright, or their owners may have placed restrictions on their reproduction, particularly for publication purposes.

If you intend to publish all or part of a document held here, please contact us giving the reference number(s) of the item(s) that you wish to publish. You should also tell us the subject matter of the publication and how  you intend to use the content, e.g. on a website, or in an article, periodical, book, or a television broadcast.

We will use this information to check that the current owner(s) of the document(s) are willing for you to use the image(s). This can take some time, so you should contact us as soon as you know which image(s) you would like to use. You should be aware that an owner may refuse a request, or may attach conditions to the publication of an image.

For any images published from originals held here, we ask you to include a general acknowledgement to Gloucestershire Archives and our full reference number for each item used.

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Copyright advice

This section indicates what you should be looking for if you need to check copyright on particular types of documents

In most cases the possessor of the document(s) will not be the owner of copyright.  We will advise you if this applies to your request, as you will then need to identify and contact the copyright holder. It is imperative to get this right, as a proved breach of copyright will result in legal action against you.

To identify the copyright owners you should visit us to check our documents yourself.

 

Here is some general copyright advice:

These are in copyright until the end of 70 calendar years following the death of the photographer, if known. Copyright will remain with the legally appointed heirs of the photographer unless the right is ceded to a 3rd party. If the photographer's identity is not known, copyright will expire at the end of 70 calendar years following the date that the photograph was taken. For example, copyright in a photograph taken on 7 July 1941 will expire on 1 January 2012 if the photographer is not identified, or later at the end of 70 calendar years following his/her death if their identity is known.

There are also instances where a photograph can be deemed to have been commissioned by an institution or company. An example would be images of wagons appearing in the photograph albums of the Gloucester Railway Carriage & Wagon Company. In this case, the Company as the commissioning body would be deemed to be the owners of intellectual property rights in the images, rather than the photographer who actually took the shots. In this instance images will remain in copyright for 70 years after the demise of the Company, and would be owned by the successor firm, unless this right has been ceded to the Archives.

These are in copyright until the end of 70 calendar years following the death of the photographer, if known. Copyright will remain with the legally appointed heirs of the photographer unless the right is ceded to a 3rd party. If the photographer's identity is not known, copyright will expire at the end of 70 calendar years following the date that the photograph was taken. For example, copyright in a photograph taken on 7 July 1941 will expire on 1 January 2012 if the photographer is not identified, or later at the end of 70 calendar years following his/her death if their identity is known.

There are also instances where a photograph can be deemed to have been commissioned by an institution or company. An example would be images of wagons appearing in the photograph albums of the Gloucester Railway Carriage & Wagon Company. In this case, the Company as the commissioning body would be deemed to be the owners of intellectual property rights in the images, rather than the photographer who actually took the shots. In this instance images will remain in copyright for 70 years after the demise of the Company, and would be owned by the successor firm, unless this right has been ceded to the Archives.

Pre-WW2 Ordnance Survey maps are out of copyright. For more recent editions a licence from the Ordnance Survey is required to publish commercially or non-commercially.

Copyright in original tithe maps & apportionments will have expired, but rights in the modern to scale hand-drawings by Geoff Gwatkin remain in copyright to him, and his contact details appear on the maps. Inclosure maps are out of copyright but adjudication for inclosure awards is made by the Director of the Office of Public Sector Information (OPSI), who is based at the National Archives at Kew. Other maps are in copyright for 70 years after the death of the surveyor if known, or for 70 years after the production of the map if the surveyor is not known.

 

Pre-WW2 Ordnance Survey maps are out of copyright. For more recent editions a licence from the Ordnance Survey is required to publish commercially or non-commercially.

Copyright in original tithe maps & apportionments will have expired, but rights in the modern to scale hand-drawings by Geoff Gwatkin remain in copyright to him, and his contact details appear on the maps. Inclosure maps are out of copyright but adjudication for inclosure awards is made by the Director of the Office of Public Sector Information (OPSI), who is based at the National Archives at Kew. Other maps are in copyright for 70 years after the death of the surveyor if known, or for 70 years after the production of the map if the surveyor is not known.

 

Unpublished documents created before 1969 are in copyright until 31 December 2039. Unpublished documents created after 1 January 1969 are in copyright for 70 calendar years after the work was produced. The copyright owner will generally be the descendent of the document's "author", unless this right has been ceded to another individual. Published documents are in copyright for 70 calendar years after the date of publication, and copyright will be owned by the author of the publication.

 

Unpublished documents created before 1969 are in copyright until 31 December 2039. Unpublished documents created after 1 January 1969 are in copyright for 70 calendar years after the work was produced. The copyright owner will generally be the descendent of the document's "author", unless this right has been ceded to another individual. Published documents are in copyright for 70 calendar years after the date of publication, and copyright will be owned by the author of the publication.

 

If the author is known, copyright expires at the end of 70 years following their death; if the work is published anonymously, it expires 70 calendar years following the date of publication.

 

If the author is known, copyright expires at the end of 70 years following their death; if the work is published anonymously, it expires 70 calendar years following the date of publication.

 

Copyright in an un-broadcast film expires 70 calendar years after the death of the creator if the identity of this person(s) is known; otherwise it is 70 calendar years after the film was first created.

If a film is broadcast, copyright is owned by the broadcaster and will expire at the end of 50 calendar years following the original broadcast. Copyright in un-broadcast sound recordings lasts for 50 calendar years unless created between 1 June 1957 and 31 July 1989. Un-broadcast sound recordings created between 1 June 1957 and 31 July 1989 are in copyright until 31 December 2039. In both cases the owner of copyright is the compiler of the recording. Broadcast sound recordings remain in copyright for 50 calendar years following the date of original broadcast, and copyright is owned by the broadcaster.

Copyright in an un-broadcast film expires 70 calendar years after the death of the creator if the identity of this person(s) is known; otherwise it is 70 calendar years after the film was first created.

If a film is broadcast, copyright is owned by the broadcaster and will expire at the end of 50 calendar years following the original broadcast. Copyright in un-broadcast sound recordings lasts for 50 calendar years unless created between 1 June 1957 and 31 July 1989. Un-broadcast sound recordings created between 1 June 1957 and 31 July 1989 are in copyright until 31 December 2039. In both cases the owner of copyright is the compiler of the recording. Broadcast sound recordings remain in copyright for 50 calendar years following the date of original broadcast, and copyright is owned by the broadcaster.