…how long does something like a poster lets say a company (lets say Heinz) which was used for advertising retain copyright for before anyone can use it? In order that it can be reproduced.

And yes…i’m having a fight with someone.

Film, cinematographic work:
50 years from the making of the work, or if made available to the public within the 50 years, (i.e. by publication or performance), 50 years from the date the author first makes the work available to the public.

Anonymous works:
50 years from the date made available to the public.

Artistic works, such as photographs and applied art:
At least 25 years from creation.

Duration will always run from January 1st of the year following the event indicated.

In all cases, individual national laws can, and often will, allow additional protection over and above the terms of the Convention. For example, in the UK most work is protected for the life of the author plus 70 years. The Convention sets out what authors can realistically expect. There are also exceptions allowed for countries bound by the Rome Act.

Just quickly ‘anonomous work’ means what exactly? Does it mean anything which doesnt have a name on it? E.G. an advertisment.

Joe, what is the problem you are having more exactly?

I guess it means that no one knows who owns the work. I don’t think an advertisement would fall into this category as it clearly belongs to the company who makes the product that the advert is promoting (i would imagine that their contract with the ad agency would stipulate that).

Taking the advert example…

Say Heinz run an ad campaign featuring a photo of tin of their beans. The copyright is owned (by default) by the artist who took the photo. However, the usual case in commercial photography, especially where trademarks are involved, is that the artist will relinquish copyright to the company commissioning the work (and charge accordingly). That way, Heinz own the copyright to the work.

Also, don’t confuse copyright (as in ownership of the rights to the photo) with trademarks. If the photo in the example features the Heinz logo, even if the copyright has expired, you still do not have the rights to reproduce a registered trademark…

so lets say i had printed this on a load of t-shirts and was flogging em…

http://www.nzhistory.net.nz/media/photo/labour-party-poster-1938

Could anyone stop me?

However, the usual case in commercial photography, especially where trademarks are involved, is that the artist will relinquish copyright to the company commissioning the work (and charge accordingly). That way, Heinz own the copyright to the work

Well, it’s more likely that the artist will sell the rights to use the image – e.g the right to use the image in a TV advert – rather than the entire copyright

# Duration of copyright

The 1988 Copyright, Designs and Patents Act states the duration as;

1. For literary, dramatic, musical or artistic works

70 years from the end of the calendar year in which the last remaining author of the work dies.

If the author is unknown, copyright will last for 70 years from end of the calendar year in which the work was created, although if it is made available to the public during that time, (by publication, authorised performance, broadcast, exhibition, etc.), then the duration will be 70 years from the end of the year that the work was first made available.
2. Sound Recordings and broadcasts

50 years from the end of the calendar year in which the work was created, or,

if the work is released within that time: 50 years from the end of the calendar year in which the work was first released.
3. Films

70 years from the end of the calendar year in which the last principal director, author or composer dies.

If the work is of unknown authorship: 70 years from end of the calendar year of creation, or if made available to the public in that time, 70 years from the end of the year the film was first made available.
4. Typographical arrangement of published editions

25 years from the end of the calendar year in which the work was first published.
5. Broadcasts and cable programmes

50 years from the end of the calendar year in which the broadcast was made.

Well, it’s more likely that the artist will sell the rights to use the image – e.g the right to use the image in a TV advert – rather than the entire copyright

In fairness, I know of commercial photographers doing work for high-end clients that aren’t given an option of “just” licencing the work to the client… It’s a sell-the-copyright-or-no-work kinda situation. They just charge accordingly.

However, back OT: Joe, not knowing how NZ copyright works exactly, then I can’t comment properly. However, assuming that NZ copyright is roughly the same as it is here then yes, they’ve got every right to come after you.