Hi Andy and Bombgone,

Thanks it’s my pleasure, regarding the 110 it also looks familiar to me although at the moment I don’t have the time to start looking.

As to the caption source being copyright restricted, if you are referring to; “Shown below is Naval Aircraft Factory (NAF) N3N-3, Bureau Number (BuNo) 4515, ’24’. Which [probably] belonged to Training Squadron 1, Naval District 8, (VN1D8), Naval Air Station (NAS), Corpus Christi, United States Navy (USN). As captured during August of 1942 at Corpus Christi, Texas by United States (US), Office of War Information (OWI) photographer Howard R. Hollem.” etc. and “image that shows some New Zealand soldiers with an unidentified (in this instance) Messerschmitt Bf 110 that had met it’s end in England during 1940.” Plus “unidentified New Zealand soldiers in England, somewhere, sometime, oh and the photographer is also unknown as well.” etc? I can say that is my work (Copyright ©2014 Daniel Cox) which was first published here during March of 2014.

Cheers and goodnight all,

Daniel.

Hi All,

Since the topic of Copyright regarding Second World War and earlier photographic images is sometimes mentioned on this and related Internet discussion forums and since I have many years experience in illustration, photography, media and government publishing, I feel the following below may be of some interest;

Australia

In Australia all Australian photographs both Private and Government taken prior to 1 January 1955 (regardless of publication or otherwise) are copyright expired.

Photographers & Copyright Information Sheet No. G011v15 by the Australian Copyright Council. February 2012

Canada

Canada is similar to Australia regarding photographic material although in Canada’s case the cut off date for copyright expired photographs is 1 January 1949. Like Australia this includes both Private and Government photographs taken prior to the 1949 date. So anything captured prior to 1949 by Canadians is copyright expired and is now in the Public Domain.

Creative Commons Website

http://wiki.creativecommons.org/Pdwiki

Boffin + Wonk Blog by Andy Kaplan-Myrth

http://blog.kaplan-myrth.ca/updates-to-the-canadian-copyri

United Kingdom

Although the United Kingdom is similar to those mentioned above with respect to Crown copyright expiration, the same cannot be said for non Crown copyright works.

Any Crown copyright photographs taken prior to 1 June 1957 both published and unpublished are Crown copyright expired and are now therefore Public Domain.

Now that we have the easy part out of the way, lets look at copyright Duration for photographs taken before 1 June 1957 excluding Crown copyright material.

If the creator of a photograph is known copyright expires 70 years after the death of the creator. While if the creator is not known (which does not absolve you from trying to find out), copyright expires 70 years after creation of the work or alternatively 70 years after the work was made available to the public within 70 years of its creation.

Copyright Related Rights by The National Archives. December 2011

http://www.nationalarchives.gov.uk/documen…ated-rights.pdf

United States of America

The United States is a bit more complicated regarding copyright unless it was a Photograph captured by a US Federal Government employee or Federal Government entity unless specifically made Public Domain by the creator of the photograph.

When U.S. Works Pass into the Public Domain by the University of North Carolina. November 2003

http://www.unc.edu/~unclng/public-d.htm

Frequently asked questions about copyright by the United States Government Interagency Group CEND. October 2008

http://www.cendi.gov/publications/04-8copyright.html#317

Other Countries

Regarding the copyright of Second World War and earlier period photographic Images from the following countries;

Albania, Algeria, Argentina, Armenia, Austria, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belarus, Belgium, Brazil, Bulgaria, Cambodia, China, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Estonia, France, Georgia, Honduras, Hungary, Iceland, India, Indonesia, Iran, Iraq, Ireland, Israel, Italy, Japan, Jordan, Kazakhstan, Kyrgyzstan, Laos, Latvia, Lebanon, Libya, Lithuania, Luxembourg, Macedonia, Malaysia, Malta, Mexico, Morocco, Netherlands, North Korea, Norway, Pakistan, Papua New Guinea, Philippines, Poland, Portugal, Romania, Russia, Samoa, Saudi Arabia, Serbia, Singapore, Slovenia, Solomon Islands, South Africa, South korea, Spain, Sudan, Switzerland, Syria, Tajikistan, Thailand, Tunisia, Turkey, Turkmenistan, Ukraine, Uzbekistan, Vietnam, Yemen, Zimbabwe and others. All I can say is I have no idea!

I might add though that all archival photographic images from Finland (published or otherwise during and prior to World War II) are copyright expired and that New Zealand is very similar to Australia except for different dates (you’re certainly safe with World War II and earlier). German images appear to be a bit of a dogs breakfast, as far as I’m aware their World War II stuff used to be copyright expired at one point yet are now in copyright (something to do with the European Union and Spain?)!

Things That Make You Go Hmmm

If you follow the links below you will see the same photographic image as offered by both the Australian War Memorial (AWM) of Australia and the Imperial War Museum (IWM) of the United Kingdom as 005159 and C 456 respectively. This photographic image shows the men and Hurricanes 87 Squadron (Sqn.) Royal Air Force (RAF) at Lille-Seclin during December of 1939 as photographed by Mr. H Hensser an RAF Official Photographer.

http://cas.awm.gov.au/item/005159

http://www.iwm.org.uk/collections/item/object/205207506

Interestingly the Imperial War Museum claims copyright for this Crown copyright expired photographic image while the Australian War Memorial declares this photographic image is actually copyright expired.

Or there is the same photographic image as linked below that is offered both by Sidewinder Publishing Ltd through ww2images.com and the IWM as A04849A and C 1731 respectively. This image shows some men of No. 1 Repair Centre working on a 501 Sqn. RAF Hurricane as apparently photographed by an RAF Official Photographer at Reims-Champagne during May of 1940.

http://www.flickr.com/photos/ww2images/6898179557/

http://www.iwm.org.uk/collections/item/object/205212806

While the IWM again claims copyright for this Crown copyright expired photographic image Sidewinder also claims copyright as well while giving you the opportunity to use this image after obtaining a usage license via Getty Images.

Or there is this Crown copyright expired photographic image linked below of RAAF pilot Clive Caldwell taken at Strauss in the Northern Territory during 1943 that is offered by the AWM and IWM as NWA0349 and CF 90 respectively. The IWM claims copyright while the AWM claims it is expired

http://cas.awm.gov.au/item/NWA0349

http://www.iwm.org.uk/collections/item/object/205206525

The above-mentioned examples of competing claims regarding copyright status, are only a small sample of a very common occurrence with respect to copyright expired images in collections, that are held by both Private Individuals Government and Non-Government Organisations in the United Kingdom, Canada and Australia.

In considering the above it is worth remembering that all United Kingdom Crown copyright photographs taken prior to the 1st of June 1957 are now Crown copyright expired while all Australian photographs both Private and Government taken prior to the 1st January 1955 are copyright and Crown copyright expired.

Note

It is also worth reiterating that there are plenty of Second World War photographic images that are apparently not copyright expired, like the Bristol Blenheim or Vickers Wellington as captured by Robert Capa for example come to mind as linked to below.

http://www.magnumphotos.com/C.aspx?VP3=Vie…64&CT=Album

Unfortunately the link above no longer directly links you to the images, if you are keen you can track it down from there.

Moral Rights

Then there is the issue of moral rights (which cannot be transferred or waived unlike copyright which can) as well, which usually (although there are some exceptions) expires when copyright expires. Without copyright or moral rights being extant in a work there is no obligation to credit a source or to ask permission to do almost anything you please with the image. Since that source aside from not being the copyright holder also has no more moral rights than you or anyone else does to the image. Of course quoting a source is helpful and nice and the polite thing to do if you want more images from that source. Plus more importantly, it is nice and helpful to those who would like to access that image when they see it printed/published, whichever iteration of it from whence it came in that instance.

Copyright and moral rights with respect to things like paintings and drawings etc from World War II are different to the laws applied to photographic images, likewise there are restrictions for commercial usage (advertising etc) of copyright expired images with respect to personality rights, likenesses, subjects etc.

So although you can publish and or print, and sell copyright and moral rights expired photographic images at your leisure without crediting a source or seeking permission you are probably not allowed without the appropriate permission to use that picture showing, insert name here to promote your latest soft drink and or mobile device for sale.

Changing Pictures

Shown below is Naval Aircraft Factory (NAF) N3N-3, Bureau Number (BuNo) 4515, ’24’. Which [probably] belonged to Training Squadron 1, Naval District 8, (VN1D8), Naval Air Station (NAS), Corpus Christi, United States Navy (USN). As captured during August of 1942 at Corpus Christi, Texas by United States (US), Office of War Information (OWI) photographer Howard R. Hollem. This image which is originally sourced from the Farm Security Administration – Office of War Information Collection 12002-32 of the Library of Congress has no copyright or moral rights. Even though I have provided plenty of information as to whom, where, when and where from I am under no obligation to provide that information or seek permission in order to use this image.

Library of Congress

Shown below is a version of the above image that has been rotated cropped and retouched by me despite all of the work I undertook to do this I have no copyright or even moral rights in this instance to what I have done to this image. So I have no authority over the work I have undertaken in this instance since it remains a copyright and moral rights free image.

Again shown below are two variations of another picture of a plane that I have undertaken the same sort of effort as to what I applied to the one shown above. In this instance I am not providing any useful information or crediting the photographer or source yet again I have no authority over the work I have undertaken in this instance since the images shown below happen to be copyright and moral rights free images.

Watermarks

Likewise you or I can add or remove a watermark from a copyright free image at our leisure without risk of sanction since again in the absence of copyright no one owns the image. On the images shown below I have added a snazzy watermark of my own design that I created today using Adobe Illustrator CC.

Since I do own copyright and moral rights for my watermark design, you are not allowed to alter (which refers to modification, not complete removal of the watermark) and or use my work without my permission.

That said, since I do not own copyright of the image that my watermark has been applied to, I would be wasting my time and money in seeking compensation from you, if you took the time to completely remove my watermark since you would be restoring the copyright free image to what it was before I placed a watermark aberration on it. In fact you have as much right to completely remove my watermark as I have to place my watermark on a copyright and moral rights free image.

Shown below is the Westland built Vickers-Supermarine Spitfire FVc Tropical EE719, A58-125 of No. 2 Operational Training Unit (OTU), Royal Australian Air Force (RAAF). As captured by Ernest Charles Bowen flying near Rathmines, New South Wales, Australia on the 18th of May 1943 during a Fighter Evasion Exercise with a Consolidated PBY Catalina aircraft.

The images of Spitfire EE719 as shown above are some of the numerous iterations of this image that exist, in this instance they are drawn from the original negative as scanned by me. Since all Australian photographs as captured before 1 January 1955 are copyright free, no one has copyright or moral rights to the image in the negative and or subsequent print or digital iterations of it.

So again, although I do own copyright and moral rights for my watermark design, I do not own copyright of the image that my watermark has been applied to. Therefore I would be wasting my time and money in seeking compensation from you, if you took the time to completely remove my watermark. Likewise I wouldn’t be wasting my time and money in seeking compensation from you, if you took the time to modify my watermark and or use my watermarked image as it appears above without my permission.

So please do make sure before you publish a Second World War image that it is copyright free if you intend to publish without permission. Likewise if the image remains copyrighted you should also make sure that you have sought and obtained permission to publish that image from the copyright holder.

To be nice, here is that picture of Spitfire EE719 as captured by Ernest Charles Bowen without the aberration of my watermark impeding the view.

Closing

In closing it is fair to say that all Australian, New Zealand, Canadian and Finnish private, corporate and government plus United Kingdom government photographic images from the Second World War and earlier are copyright or Crown copyright and moral rights expired respectively.

It is also fair to say that United States of America Federal Government photographic images generally have no Copyright protection applied to them at all.

Whereas alternatively most if not all United States private photographic images and many probably most United Kingdom private photographic images from the Second World War are copyright protected at the moment.

Cheers,

Daniel.

Disclaimer: I am not a legal practitioner so don�t just take my word for it go and find out for yourself and seek appropriate legal advice when required.

Nice view I love the blue sky, I could have done with some of that blue when I was looking at MV239 a couple of weeks ago;

Cheers,

Daniel.

Hi Jezza,

Thanks, I’m glad you liked them.

Cheers,

Daniel.

Hi Warren,

No it is not a hoax.

Cheers,

Daniel.

Hi Axel,

Here are five of mine that are shown in no particular order that turned out okay.

Vickers-Supermarine Spitfire HFVIII; MV239, A58-758, VH-HET

Commonwealth Aircraft Corporation CA-13 Boomerang; A46-122, VH-MHR

Gloster Meteor F8; VZ467, VH-MBX

North American T-28A Trojan; NX3336G; NX221LH; VH-VBT

Commonwealth Aircraft Corporation CA-27 Mk.32 Sabre; CA27-83, A94-983, VH-IPN

All images in this post Copyright ©2013 Daniel Cox

Cheers,

Daniel.

Hi Martin,

Thanks for showing off your lovely shots, I especially like your aerobatic type pics.

Cheers,

Daniel.