Copyright for C18th Patent images

[Wm_Nicholson]

My ancestor obtained some patents in the 1790s, which I would like to publish.
I obtained a copy from Sheffield Library service - who said there was no charge, and I was free to use the images as they were out of copyright.
They just wanted a credit in the book

Abut the same time, I enquired of the Science Museum, who also had copies of the patents.
They wanted to charge me, so I was happy to accept the free copies from Sheffield.

The Science Museum (via the Science & Society Picture Library) is chasing for payment.
I have explained about Sheffield, and await a reply.

My question is that surely copyright for Nicholson's drawings rests with his family (ie me) unless it has been paid for or assigned?
Should I be sending them a bill for commercialising my ancestor's work without our permission?

[R0b]

Re: Copyright for C18th Patent images

Hello,

If it was a patent from the 1790s then I can only assume that it is long expired. Patents are the right to exploit an invention and exclude others from using the same invention for a period of time. The latest legislation says that you have an exclusivity for 20 years from the filing of a patent application. After this stage, its free for everyone to use without penalty.

As for copyright, this will depend on the type of works they are suggesting is protected by copyright. So for example, artistic works is a type of work that can be copyrighted. Again, under current laws for copyright, artistic works will last the duration of the original owner plus 70 years following death starting from the end of the calendar year. Following this, it falls into the public domain and the works can be used free of charge.

As with other property however, copyright works can be inherited or assigned or sold etc. So it seems you are correct in questioning why the Science Museum requires payment for use of the images, depending on the response you should specifically ask what right they have to receive payment and that you consider that any copyright in the works have now expired unless they are able to prove otherwise.

This is just a general overview of intellectual property law and beyond this my memory gets a little hazy on the specific details of IP laws

[Wm_Nicholson]

Re: Copyright for C18th Patent images

Thank you Rob
Funnily enough I found someone else having a similar issue:
https://www.thetimes.co.uk/article/m...mics-qhfwmdws6