Can I trade mark a name that is similar to an existing brand?
- 21.08.2026
I want to reproduce an old photograph and a book from the early twentieth century in my publication. I am not sure if they are still protected or whether I can use them freely. How do I work out if copyright has expired?
Under the Copyright Act 1994, for most literary, dramatic, musical and artistic works, copyright lasts for the life of the author plus 50 years, although terms can vary for particular types of work, so check the current position for the work concerned. For photographs, the term depends on whether the work was created before or after the current Act, and older works may have different terms. Publication date and the author's death date are the key facts. Works for which the author is unknown can have different terms. A book published in the early twentieth century is likely to be out of copyright if the author died more than 50 years ago, but a modern edition may have new copyright in the typography, notes or translation. Seek confirmation from the National Library or a lawyer.
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