Here and Now ISSN 1173 7360

I would like to find out about the copyright situation with Here and Now ISSN 1173 7360 . Published from 1949-1957. Any help would be most welcome. Cheers Judy


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Hi Judy, We've done a bit of digging and here's what we've come up with. Note that we're not lawyers though, so please don't read this as a formal legal opinion! I'm afraid the news isn't great if you are after a quick win for a digitisation project. For journals, newspapers or magazines, copyright exists in each individual contribution - each article, image etc is considered to be an original work that lasts 50 years after the death of the author. From what we can tell, the publisher in this case looks to be 'Here & Now Ltd', made up of the 'legal scapegoats' mentioned in this potted history: In some situations where the publisher of a journal is known, it can be possible to get permission to reproduce entire editions, provided that the publisher routinely acquired the right to reproduce the works beyond the first publication (re-printing rights). So that's something you could pursue. However if the publisher (most likely Here & Now Ltd) only ever gained permission for first publication (no re-printing rights), then the rights to each work can be assumed to be with the author if identified. If the author is not identified, the publisher can generally be assumed to represent the author even if there is no documentation to say so. Unfortunately copyright doesn't expire if the publishers fold or disband either. The editions also cannot be assumed to be out of copyright given the time period is relatively recent (all the authors contributing would have to have died by 1959). So, long story short - tracking the publishers or individual rights holders is the only way to clear this, but the publishers may be sufficient provided the whole edition is reproduced as a digital facsimile rather than just selected items (subject to having the re-printing rights). I hope this is helpful.

--Anonymous • 2010-04-13 00:00:00 UTC