TOPIC:

David, who owns the copyright to text and images that are posted on this site? I bumped into one of the letters I posted on this site as an illustration for a Wikipedia page. Everhard

Everhard,

As I understand UK copyright law, the ownership of copyright in an image depends on who created the image, not on who owns the object shown in the image.

The photographer/vreator

Copyright in a photograph belongs to the person who took the photo (or their employer, if it was created in the course of employment).

This applies regardless of whether the subject of the photo is someone else’s possession or property.

The owner of the possession

Simply owning an object (say, a letter or a medal) does not give the owner copyright over photographs of it.

They only own the physical thing, not the copyright in images made of it.

The exception is if the possession itself is still protected by copyright (eg, a modern artwork). In that case, photographing it could infringe the creator’s copyright, unless covered by exceptions (like 'freedom of panorama' for public buildings and sculptures).

Images posted on the ABW site

If someone posts their own photo on a public website, they retain copyright in that photo unless they’ve assigned it or licensed it (eg, under a Creative Commons licence).

If someone else takes the photo and posts it without permission, then they may have infringed the photographer’s copyright.

Posting on a public website does not automatically strip the copyright holder of their rights, though terms of service (eg, Facebook, Instagram) often grant the platform a licence to use the image. We do not have that on the ABW site.

In terms of what can be done if a photographer's right have been infringed, as is the case here.

1. Informal/initial steps

a. Contact the infringer: Write to the person/organisation who used the photo without permission, informing them of the infringement. Often called a “cease and desist” or “take-down notice.”

b. Request removal or proper attribution: You can demand they stop using the image, remove it, or in some cases agree to credit you and/or pay a licence fee.

c. Negotiate a settlement eg retroactively licensing the image for a fee.

2. Website/platform enforcement

a, Report to the Host/Platform:

b. If the infringement occurs on social media or a website, you can use their copyright reporting tools (eg, Facebook, Instagram, YouTube, eBay, Wikipedia).

c. For websites, you can also file a DMCA notice (though a US law, most major platforms honour it worldwide).

d. Hosts may remove or block the infringing content.

3. Formal legal actions

Cover injunctions, damages and delivery up/desctuction orders.

There is also moral rights enforcement: UK photographers also have 'moral rights' (to be identified as the author, and to object to derogatory treatment of their work). These can be enforced alongside copyright.

4. Wikipedia specifically

This page is useful as it explains redress:

Information for copyright owners

If you are a copyright owner or represent a copyright owner, and you believe that Wikipedia is infringing your copyright, we can assist you best via e-mail. You may contact info-en-c@wikimedia.org with an informal request; please cite the exact URL (the "address" or "location" of the page as shown by your web browser, beginning with en.wikipedia.org/ ...), and provide enough information to substantiate your claim of copyright ownership. Be aware that correspondence is answered by a small number of volunteers, and an immediate reply may not be possible.

If you prefer to use the process of a formal OCILLA request, you should send it to the Wikimedia Foundation's designated agent: foundation.wikimedia.org/wiki/Designated_agent

If you are a copyright owner who would like to license their content for reuse, please see Wikipedia:Donating copyrighted materials.

David, many thanks for taking the time to address this issue!.

David, am I right in assuming this also applies to scanned documents and photographs, as is the case with the National Newspaper Archive? As you know, a considerable amount of time and effort can go into enhancing images.

Also, what is the position regarding scans of out of copyright published maps, etc., which, again, require a lot of Photoshop work (merging; enhancing, etc.)?

Neville

It’s quite sobering to read the numerous circumstances in which copyright does not apply:
www.gov.uk/guidance/exceptions-to-copyright#fair-dealing