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Copyright

 

Copyright Guidelines

 


Is this image in copyright?

 

Was the image taken before 1 January 1955?
•    If yes, then copyright has expired.

 

Was the image taken after 1 January 1955?
•     If yes, then the image is in copyright.

 

If the image was taken after 1 January 1955, how long does it remain in copyright?
•    If no photographer is attributed, the image will be in copyright for 70 years from the date it was created. If after a thorough search no author can be found, the Royal Agricultural Society of NSW is entitled to upload images to the RAS Heritage Collection site under the Orphan Works scheme (Subsection 113Q(2) of the Copyright Act 1968).
•    If a photographer is attributed, the image will be in copyright for the life of the photographer + 70 years.

 

If the image was taken after 1 January 1955 and was made public less than 50 years after it was taken, does it remain in copyright?
•    Yes, it remains in copyright for 70 years after publication (this can apply to images where the photographer is not named).

 

If the image is still in copyright, how can it be used on the RAS Heritage Collection site?
•    If you are the copyright holder of an image taken after 1 January 1955, you can determine how people can re-use your work with a Creative Commons license. Under a Creative Commons license, the creator retains copyright. 
•    A Creative Commons license makes it easier for users of the RAS Heritage Collection site to use digital assets from the collection. 
•    All contributions to the RAS Heritage Collection site will be made available to the public under Creative Commons Attribution – CC BY-NC-ND. This license enables re-users to copy and distribute the material in any medium or format in un-adapted form only, for non-commercial purposes and only so long as attribution is given to the creator.
•    Users of the RAS Heritage Collection site can download, copy, distribute, re-use and post images to social media. It is important to understand that anything you contribute to Royal Agricultural Society of NSW can be used in these ways.

 

If the image is still in copyright, can I transfer those rights to the Royal Agricultural Society of NSW?
•    Yes, please see the Copyright release below. 

 

Information about copyright provided within this site does not constitute legal advice.

 


If the image is still in copyright, do you wish to retain copyright?

 

If no, then you can transfer your rights to the Royal Agricultural Society of NSW: 

Exclusive Copyright Release

I do hereby transfer exclusive copyright to the Royal Agricultural Society of NSW, its assignees, licensees, and legal representatives. They have the irrevocable right to use the material I have provided in all forms and media and in all manners, including composite representations, and advertising and other lawful purposes, and I waive any right to inspect or approve the finished product including written copy, that may be created in connection therewith.

 

If yes, then: 

Non-Exclusive Permission

I hereby grant permission to Royal Agricultural Society of NSW, its assignees, licensees, and legal representatives to make available for exhibition, internet viewing (including social media platforms), public research and/or study any of the digital material I contribute to the RAS Heritage Collection and to incorporate any digital material in whole or in part into derivative works. I retain all other rights to these photos, including without limitation, the right to copy, distribute, publish or modify the images, and to transfer, assign or grant license of any such right.

 

 
Contributing to the RAS Heritage Collection:

When you upload your images, you acknowledge that for all images/information being contributed, you are either:

•    The creator of the image/information (e.g. photographer or author) or

•    The copyright holder (e.g. you paid a photographer to take the photographs for you) or

•    Have permission from the copyright holder to submit content or

•    The content is out of copyright (e.g. an image taken before 1 January 1955) and

•    That the user understand accepted images will be made available under Creative Commons Non-commercial No Derivative Works 4.0 International License CC BY-NC-ND.