Appearance
Clearing copyright in a photograph comes down to three plain questions: who took it, when, and is that person's copyright still running? In the UK most photographs are protected for the life of the photographer plus 70 years, the photographer (or their employer) is the default owner, and owning the physical print does not give you the copyright. Answer those three questions, and you can usually decide whether you may publish.
Who owns a photograph's copyright?
The starting rule is simple: the photographer owns the copyright. Two big exceptions follow. First, if the photo was taken in the course of employment — a press photographer on assignment, say — the employer usually owns it. Second, commissioned photographs taken before 1 August 1989 in the UK had special rules that often gave first ownership to the person who paid for them. So for a studio portrait from 1950, the family who commissioned it may have held first copyright, not the studio.
How long does the copyright last?
The term depends on when the photo was taken, because the law changed:
| When taken (UK) | Typical term |
|---|---|
| From 1 June 1957 | Life of photographer + 70 years |
| 1 July 1912 – 31 May 1957 | 50 years from the year the photo was taken |
| Before 1 July 1912 | Generally long expired |
The "life + 70" rule means you need the photographer's death year, which is exactly the detail most often missing from an old print.
Why isn't owning the print enough?
This is the beginner's trap. Buying or being donated a photographic print transfers the object, not the copyright. The two are separate property. You can hold a box of 1930s prints in your archive and still have no right to publish them, because the copyright may sit with a photographer who died in 1975 (so it runs to 2045). Always separate "we have the item" from "we may copy and publish the item."
A small worked example
Suppose you find an uncredited family portrait, hand-dated 1948, in a donated collection.
text
1. When taken? 1948 -> "life + 70" regime applies (post-1957? no — pre-1957!)
Re-check: pre-1 June 1957 -> 50 years from creation rule may apply
to older works, BUT post-1957 revival rules can extend it.
2. Who took it? Unknown studio stamp on the back: "Bennett, Leeds".
3. Diligent search: trade directories, Companies House, WATCH file.
4. Outcome: photographer unidentified after documented search.
5. Decision: treat as orphan -> apply InC-RUU, publish via takedown policy.When the dates are murky and the author is unknown, the honest landing point is usually the orphan-works route, not a confident "it's free."
What about the people in the picture?
Copyright is only one layer. If the subject is identifiable and still living, UK GDPR and data-protection duties may apply to publishing their image. There can also be privacy considerations for sensitive contexts. Copyright clearance and "is it ethical and lawful to show this person" are different checks — do both for 20th-century photographs of named individuals.
How do I record my decision?
Capture the reasoning so a colleague can trust it later:
yaml
object: "PH-0442 portrait, c.1948"
photographer: "unidentified (studio: Bennett, Leeds)"
search_log: "log/photo/PH-0442.json"
copyright_status: "orphan / undetermined"
rights_statement: "http://rightsstatements.org/vocab/InC-RUU/1.0/"
subject_living: false
decided_by: "E. Reed"Key Takeaways
- The photographer owns copyright by default; employment and pre-1989 commissions are the big exceptions.
- Most UK photographs from 1957 onward are protected for life + 70 years; older ones follow earlier rules.
- Owning the print is not owning the copyright — keep object and rights separate.
- A faithful scan of a 2D photo creates no new copyright.
- For an unknown photographer, run a diligent search and treat it as an orphan if unresolved.
- For identifiable living subjects, also check data-protection and privacy — separate from copyright.
- Document every determination so it is auditable.
Frequently Asked Questions
Who owns the copyright in a photograph?
By default the photographer owns it, but if the photo was taken in the course of employment the employer usually owns it. Commissioned photographs taken before 1 August 1989 in the UK had special ownership rules favouring the commissioner.
How long does copyright in a photograph last in the UK?
For photographs taken from 1 June 1957 onwards, copyright generally lasts the life of the photographer plus 70 years. Older photographs follow earlier, sometimes shorter, statutory rules.
Is the person in a photograph a rights-holder?
Not in copyright terms, but their image can raise separate concerns: data protection if they are identifiable and living, privacy, and historically the commissioner's right to prevent publication of private commissioned photos. Copyright and the right to use a person's likeness are different things.
Does a scan of an old photo get its own copyright?
A faithful flat scan of a 2D photograph generally creates no new copyright; the scan inherits the original photograph's status. A new creative photograph of a 3D object is different and may attract its own copyright.
What if I don't know who took the photo?
Treat it as a potential orphan work: run a documented diligent search, and if the photographer cannot be found, apply the In Copyright - Rights-holder Unlocatable statement rather than assuming it is free.
Can I publish a photograph just because the archive owns the print?
No. Owning the physical print is not the same as owning the copyright. You need the copyright to have expired, a licence from the holder, or a documented orphan-works route before publishing.