ASK & DISCUSS INDEX

8 years, 12 months ago - Alwyne Kennedy

How would you obtain permission from a deceased person? Ouija board?

If you mean using the dead person's copyrighted material, then I would say that that copyright passes on to whoever then owns the dead person's estate, and would remain copyright for decades.


If you mean permission from next of kin to reference the dead person, I would guess not as, I understand it, in the UK you can't defame a dead person and so no one could sue you. But I would advise asking a lawyer for precise clarification.

8 years, 12 months ago - Alwyne Kennedy

Damn typos - should have read: "... I would guess not as, as I understand it, in the UK..."

8 years, 11 months ago - Paddy Robinson-Griffin

As he died in 1919, I'd suggest you're pretty clear to just go with it. Any pictures of him have entered public domain, although (boringly) any photographs of his work may still need in copyright, you'd need to check on a case by case basis. As for asking his estate, frankly his grandkids would be 100+ by now, so unless you want access to old letters and odd keepsakes, there's no compulsion on you to talk to anyone.

Personally. I'd get started, and reach out to any forth or fifth generation successors just in case they know if any interesting oddities, but it's most unlikely now.

Sounds like

8 years, 11 months ago - Eric Jukes

I can only give an opinion based on English law. As Vache was French and was born and died in France I don't know if there is anything under French law which is different. Alwyne is correct, any copyright, if not "expired" is the property of a deceased's estate or to whomever the estate has assigned it. I agree that under English law you cannot defame a dead person, but caution should be used here. I wouldn't want to say (if it was the case) that "insanity ran through the family" or "the family had a history of feeble mindedness" unless quoting and naming a valid source - just in case it could be taken that you were suggesting that current members of the family may well be afflicted. Probably they would have difficulty with proving that as a defamation action but one wouldn't want to risk it starting.