Copyright Issue
 

Hi - it's a bit off topic, but don't know where else to ask!

I am going to be making a short film later this year at the WW1 battlefield sites in France. I'd like to intersperse my film with images of locations as they were at the time, and one of the best sources seems to be original postcards.

I appreciate that the orginal photo remains the proprty of the owner, but after 90 years they are going to be impossible to trace. So if I buy a 90 year-old postcard and use it in my film, will I be getting myself into potential trouble?

I'd approach the publisher of the postcards, assuming they're still in business. However, sometimes they are now owned by other companies, so this might take some tracing.

You could also check with the Imperial War Museum as to holds the rights to the photographs - they might now be part of their collection.

All this is part clearing of copyright material is part of producing a film, especially if you plan to get distribution or have it broadcast.

BTW It's pretty normal to be charged a fee for using photographs in a production.

It is my understanding that, in the United States, works that were published before 1923 are in the public domain. That may not be true in other countries. Since WWI ended in 1918, any postcards that were published at that time should be free of copyright issues. Lots of postcards don't have dates printed on them, but a postmark should establish that an item was published before the mailing date.

Needless to say, you should confirm this information with an IP attorney.

Best wishes,
Peter
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http://www.parkfilms.com

you might also check the Prelinger Archives at www.archive.org, creative commons license etc, even films. You'll have to dig, but the price is right. ;-)