Copyright Law

[MarieIVanArkleStinks]

Where would be a good place to seek advice on a slippery copyright issue relating to unpublished materials? I think this is a less straightforward one than the 2039 rule. Is this something only a specialist can advise on, or does anyone know of someone else who might be able to help? British Library? Any advice appreciated, realise it's a long shot but worth asking!

Depends on the question.

Apologies. For clarity: unpublished material written by a UK citizen (now dead over 70 years). But the material is stored in a US repository, and has been for over 50 years.

Would this bind these materials to UK or US copyright law?

Under the Berne Convention, the UK is the country of origin of the materials as they are unpublished and the author was a UK citizen. UK law therefore determines how long the material remains copyright so, in this case, the material will be copyright until the end of 2039. Of course, as with all such works, that does not mean you would be sued if you breached copyright. That depends on the current owner of the copyright being aware that they own the copyright in this material and taking legal action.

Note that, if the materials are copied in the US, the person copying the material would be sued in the US under US law. UK law would apply for determining that the material is still in copyright but US law would apply for determining whether the person copying the material had breached copyright.

You should, of course, consult a lawyer who specialises in intellectual property if you need a proper legal opinion.

That's very helpful advice. Thank you so much!