[LINK] Another copyright question (was Re: copyright question

[Kim Holburn]

I want to make a derivative work from a poster.  The poster is a photograph of a painting.  The poster was first published in 1920 and the artist died in 1958.  The artist was British and lived in Britain and the poster was published in Britain, although it might have been available in Australia.  I can't work out from that pdf if copyright still applies, what sort of work it would be and then which countries rules would apply.  Would this be a photograph or an engraving or something else?

Even if copyright had run out in Australia would it have in Britain?  And vice versa ie: even if copyright had run out in the UK would it have in Australia?  Could I use it in a work which was published on the internet, essentially globally if copyright to the work still applied in some country?

On 2011/Apr/04, at 12:44 PM, rene wrote:

> On Mon, 04 Apr 2011 12:16:11 +1000, Karl Auer wrote:
> 
>> On Mon, 2011-04-04 at 10:12 +0930, Steven Clark wrote:
>> 
>>> if the work itself doesn't indicate who holds/held copyright (at or
>>> about the time of publication), does it name a publisher? (was the
>>> work published?)
>>> 
>> 
>> The work I have was published in 1944, but the author died in 1936.
>> The work was first published before his death though. The publisher
>> is long since gone; tracking its possible acquisition path is more
>> work than it's worth.
>> 
>> Having looked at various references people have suggested, my
>> confidence is increasing that 70 years after his death, copyright is
>> no longer there.
> 
> Or, it seems (unless I'm misunderstanding doc linked below), 50 years in 
> relation to the work in question, under *Australian* law, as a result of 
> pre-AUSFTA (2005) rules apparently being applicable to the particular work.
> 
> The below may be worth reading, if you haven't already:
> 
> Duration of Copyright, Australian Copyright Council, April 2009.
> http://www.copyright.org.au/admin/cms-acc1/_images/9381523284d549deb0924a.pdf
> 
> Includes several couple of tables for working out whether copyright, under 
> AU law, has expired.
> 
> Irene
> 
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