World War 2 footage and copyright issues

taormina

taormina

Hates to Rent
Doing a doc on a small obscure part of WW2, and need to use freely available (on the net) WW2 stock footage and a few vintage propaganda posters. It will all be german / italian stuff.

My thoughts are no one from that time period is probably alive to enforce copyrights, and as far as the propaganda posters, is probably dead, wanted, or in jail.


I'll use the video and images sparingly, but it will still be an important element in the doc. What do you guys think?
 
I do not see much issue in using WW2 propaganda posters, they were meant for propaganda = publicity, that's what you are giving them...
 
Hmm.. interesting question.
I think you're ok with the posters.
The film may be another issue.

Germany did surrender unconditionally..... I doubt the Wermacht put in a clause to maintain copyright.

Here in the US I think we work off of death of the creator + 75 years before it enters public domain which doesn't account for time.

It being online doesn't help though, it would help in defense, but the tricky bit is if the digitized footage is considered a seperate piece of work. In which case the lab or company that paid for the transfer might have rights to that version...
I don't think any relatives of Axis Cameramen would sue based on the negative publicity it would raise, but if someone worked for a tv channel and paid for a transfer/repair of footage you may be in trouble.

If you had an original copy you would probably be in the clear.
I know I've seen footage reused from one network/show to another.

Maybe email a Media law professor, they enjoy the complexities of those subjects.

Sorry for not giving you a concrete response but please let us know as it is something that will probably come up again.
 
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