Re: Hawthorn Books

From: Bernard Katz <bkatz[_at_]>
Date: Sat, 21 Sep 1996 19:26:09 -0400 (EDT)

I am not certain, as I type this, of the term of protection for photographic works under Australian law. Because of the commonality of law in Commonwealth countries, it may be similar to Canada, where the term is 50 years from the date of making of the original negative on which the image you have in hand is ultimately based. That would mean that here in Canada Gara Baldwin could use those images regardless of what happened to Hawthorn Press. Even if the photographs were made much more recently and were still protected, the Canadian Act (unlike the U.S., as noted by Gregg Jansen) contains a provision whereby the Copyright Board can grant permission, if someone applies for use (including commercial use) of a work whose owner is "unlocatable". The user must demonstrate to the Board that s/he has made a reasonable effort to locate the owner. A form can be obtained from the Board that sets out the criteria.

Bernard Katz, U of Guelph

              Guelph, Ontario
bkatz[_at_] Received on Sat Sep 21 1996 - 23:30:01 GMT

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