Halifax MkIII Photograph Without Copyright

According to the Office of Public Sector Information document on copyright (http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/copyright-in-public-records.htm) unpublished public records have had copyright claims waived allowing free reproduction, however “The reproduction of images, including copies of documents, is not covered by the waiver”

“14. The waiver of Crown copyright does not apply to Public Records which fall within the scope of Tradeable Information, which will be subject of a separate Guidance Note to be issued by HMSO. The following material falls within the scope of Tradeable Information:

unpublished records of the Ordnance Survey, the Ordnance Survey of Northern Ireland and the United Kingdom Hydrographic Office, which form the basis of maps, charts, mapping data and other related publications.
Microfilm, microfiche, digital form and photographic copies of Public Records created by Public Record Repositories but not the data which they contain.
15. The reproduction of such material may be subject to formal licensing and payment of fees.”

I would strongly recommend reading the document in full, then if you haven’t fallen asleep you could see what the National Archives have on copyright at (http://www.nationalarchives.gov.uk/legal/pdf/copyright_full.pdf).

See page 15 for the Crown Copyright flowchart of status (taking a photo created in 1944 as an example). Q.1 Was the work created before 1 August 1989 (Yes), Q.2 Is the work a photograph or engraving (Yes), Q.3 Is the work a photograph (Yes), Was the work created before 1 June 1957 (Yes), Copyright expires 50 years after creation.

The National Archive guideline seem to go again OPSI guidlines so it is anyones guess.

Agree with the above and that’s a widely publicised and good quality shot. I always like it when people are able to provide a quick reference to the actual aircraft in a photograph; I don’t have it on me but I’m reasonably sure Martin Middlebrook identifies it in his Bomber Command War Diaries – not at all sure but IIRC it was lost (along with many others) on the Nuremberg raid of 30/31 March 1944 (which in context of a German book was BTW a major success for German defences).

Anything taken under Crown Copyright from that period is now out of copyright and so free to use.

Some holders of photographs may tell you otherwise but there is a Crown Copyright office at the Ministry of Defence offices in New Scotland Yard and they would be able to give clarification.

For this period Crown Copyright is 50 years from the end of the year in question, therefore everything taken before December 31 1954 is out of copyright.

So I take it the picture is copyright free?

Thanks

Jon

Well my one is. 😉

Mark

So I take it the picture is copyright free?

Thanks

Jon

If you look at the attached photograph you will see that it is clearly taken on the same shoot.

This original print image was free issue from the Handley Page stand at the Farnboro’ air show of 1957 to all and sundry, including schoolboy me.

So a company issue print with nothing on the reverse.

Mark

Looks like a Charles Brown shot. If so, the RAFM will probably hold the copyright.

Best wishes
Steve P