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Anyone had any experience in this? I have decided to write a book, mainly as I am still battling depression but have a burst of enthusiasm for doing so, but may end up either self-publishing it or even seeing if I can get it properly published (note I am not bothered if it doesn't end up a published tome - I will still share it with friends and others who I think may find it useful / interesting (but who will no doubt privately think it's dross!).
As it's about photography I will be using a number of photographs in it the vast majority of which will be my own. I have own one photo though that I am going to want to use and whilst I know the background to it I have no chance of tracking down the photographer.
It was taken by a distant relative and given to my gran and I have inherited it so I know for sure it won't show up in any 'diligent search' as there are no other copies of it out there. Trouble is my gran had a huge network of distant relatives who a) we never knew the names of never mind their names and b) the vast majority of are now probably dead.
Would I be able to apply for an orphan work licence or indeed do I even need to apply for one? Would rather cover it off now in case I do decide to publish as to include it now whilst the book is still a hobby project and then have to remove it later would cause quite a lot of reworking of the text.
Surely if it’s the only copy, you’ve acquired it legally, and the original photographer is unknown but long dead, it’s yours to do with as you wish?
In the UK, copyright in artistic works generally lasts for the lifetime of the artist plus 70 years after their death.
Key is whether it’s in copyright or not
Unless it’s a cauliflower you find on google images.
https://www.gov.uk/guidance/copyright-orphan-works
I agree it’s almost certainly in copyright. The photographer may still be alive and of dead won’t have died more than 70 years ago but any relatives who could help me track him down are dead or entirely unknown to me (my gran was one of 17 children or something - there’s all manner of aunts, uncles nephews etc all never mentioned). All I know is they live(d) in Australia.
The photo is the original print hand-developed by the photographer and as I say almost certainly the only copy in existence. No point wasting my time doing a ‘diligent search’ as it’s a print in my possession and not one I’ve stumbled across online or in a publication of any sort.
May just contact the IPO and see what they say