I asked the original question regarding copyright and official Crown photographs, with the aim of designing, printing and selling a simple postcard, featuring four historic photographs pertaining to an individual aerodrome.

In using any photograph, not taken by you, there are two issues to address: (a) acquisition and (b) copyright clearance (which itself concerns permission, accreditation and payment for reproducing the said image).

Acquisition

As you are aware there are several sources of ‘official’ photographs in the UK, including the RAF Museum, Imperial War Museum, Ministry of Defence (including the Royal Air Force itself and the Air Historical Branch) and The National Archives (the Public Record Office at Kew). I understand that most photographs held by these institutions are considered “Crown Copyright”.

Photographs (.jpeg) can also be secured independently from the internet or as photographic enlargements secured from a variety of sources (eBay to collector’s fairs, etc). Question: if I have an existing print of an image, whose negative is now held by the IWM (or other), do I need to contact the IWM (or other) and seek their permission or do I simply have to accredit the image as being Crown Copyright?

Copyright Clearance

Now, am I right in saying that if a photograph is over 50 years old, I technically do not require permission to use said image on a postcard, but it must be accredited to both the Crown and holding institution? Are monies payable for an image over 50 years old?

Any image taken within 50 years (after 1956) would require permission for me to use on my postcard, with monies payable to HM Government (or RAF Museum or IWM). Correct?

Payment is another issue. Now I don’t mind paying what is due, but if you use four photographs on one postcard, it all becomes extremely expensive, especially when you add on add in other factors, like print costs and limited demand. Am I right in saying that a fee is not payable for an image that is over 50 years old (pre 1956)?

Also, can a commercial photo agency demand payment for reproducing an image, whose negative is owned by the IWM or RAF Museum? I know of one agency who has a number of Crown Copyrighted images on their website.

My nightmare is that I reproduce four images on a postcard. The images are over 50 years old (so I don’t need permission to reproduce them (or do I?); from a variety of un-official sources; but are credited as being “Crown Copyright”; but then I get stamped on my the IWM, RAF Museum et al, because they own the original negative and they demand payment.

I hope someone can advise?

Phil Rhodes