Posted by Geraint_Lewis on June 15, 2015 at 02:12:44 user Geraint_Lewis.
In Reply to: Re: 1963 BBC Swallows and Amazons series posted by Ian E-N on June 15, 2015 at 00:45:18:
In 41846 Roger wrote: "But, so long as all reasonable attempts have been made to identify the copyright holder, it is possible to go ahead."
According to the Designs, Copyright and Patents Act (1988) this is not completely accurate for films, where the copyright period is calculated according to certain creative individuals, rather than the current copyright holder. Section 66a thereof states:
"66A Films: acts permitted on assumptions as to expiry of copyright, &c.
(1)Copyright in a film is not infringed by an act done at a time when, or in pursuance of arrangements made at a time when—
(a)it is not possible by reasonable inquiry to ascertain the identity of any of the persons referred to in section 13B(2)(a) to (d) (persons by reference to whose life the copyright period is ascertained), and
(b)it is reasonable to assume—
(i)that copyright has expired, or
(ii)that the last to die of those persons died 70 years or more before the beginning of the calendar year in which the act is done or the arrangements are made."
Section 13B(2)(a) to (d) states:
(2)Copyright expires at the end of the period of 70 years from the end of the calendar year in which the death occurs of the last to die of the following persons—
(a)the principal director,
(b)the author of the screenplay,
(c)the author of the dialogue, or
(d)the composer of music specially created for and used in the film;"
Note the "and" (my bold) between S66 (1) (a) and (b). All the conditions have to be met, even if you can't "ascertain by reasonable enquiry" who made it. Since it is logical to assume the Director, Producer, etc were alive when they made the film in 1962, then they can't all have passed away over 70 years ago. Therefore, it is not reasonable to assume that the work is currently out of copyright. Quite the opposite infact.
In this case, of course, the "unable to ascertain by reasonable enquiry" doesn't apply, as I've listed their identities earlier in this thread. According to his Guardian obituary, Albert Elms dies in December, 2009, so his copyright in the work should expire at the end of 2079. Anyone wishing to use the work then would need to do their own search for the other named individuals.
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