Hizb ut-Tahrir, Spain and Copyright – 2009

Hizb ut-Tahrir, Spain and Copyright: on Sunday 31 May 2009 I photographed a march by Hizb ut-Tahrir against attacks by Pakistan army on Taliban militants in Swat and then went to the ‘Taste of Spain’ festival in Regent Street, which led me to think and write about the copyright position over reproductions of works of art.

As I pointed out then, if works of art are out of copyright because of their age – now because the artist died over 70 years ago – then any reproduction of them “intended to be a faithful 2D representation” lack “the the artistic intent necessary for copyright to exist and so is also in the public domain.

Hizb ut-Tahrir, Spain and Copyright - 2009
Picasso died in 1973 so his work will remain copyright until 2043

I wrote in 2009:

However copyright lawyers in the employ of many museums and photographic agencies who make money selling or licencing art reproductions take a rather different view of intellectual property law.

A judgement in the UK Court of Appeal in 2023 clarified the situation as far as the UK is concerned, confirming that photographs of two dimensional artworks which are out of copyright are indeed also in the public domain, and that museums and collections etc can no longer use copyright to restrict the circulation of images or make any charge for doing so.

Hizb ut-Tahrir, Spain and Copyright - 2009

We are now free to ignore any © symbols on images made by artists (including photographers) who died more than 70 years ago. Of course museums and others can still make a charge for supplying high resolution images, but if you can find large enough files on the web or by scanning reproductions in books they are yours to use, free of charge, thanks to THJ v Sheridan, 2023.


Hizb ut-Tahrir protest US War in Pakistan – US Embassy – Pakistan High Commission

Hizb ut-Tahrir, Spain and Copyright - 2009

Hizb ut-Tahrir Britain was proscribed as a terrorist organisation in the UK in January 2024 after it organised protests which supported Hamas following their October 7th attack on Israel. I had been concerned about their activities since I first photographed them over 20 years earlier.

Hizb ut-Tahrir, Spain and Copyright - 2009

They marched from the US Embassy to the Pakistan High Commission in protest against the attacks by the Pakistan army on Tehrik-i-Taliban Pakistan militants who had taken control of parts of the Swat Valley. They called this an “American War”, blaming them on American pressure on the Pakistan government and called for an immediate end to attacks by Muslims on Muslims.

Hizb ut-Tahrir, Spain and Copyright - 2009

I ended my report on the protest with a long criticism of Hizb ut-Tahrir Britain calling on them to “have a proper respect for human rights, including the rights of women, although an Islamic interpretation of this may well differ in some respects from a Western one. It’s very hard not to agree with Hizb ut-Tahrir when it talks about the corrupt regimes currently leading Muslim countries, but it would also be welcome to see them standing against repression – and in particular the repression of women – that is currently practised in places including Swat and states such as Iran.”

More on My London Diary at Hizb ut-Tahrir protest War in Pakistan.


Spanish Practices in Regent St

The most impressive part of the ‘Taste of Spain’ festival in Regent Street was the display of large photographs of pictures from the Prado in Madrid which largely attracted attention because of the female nudity in some of the works (and it’s a shame that Ruskin had apparently not studied this work in detail before his wedding night, which might then have been less of a shock to his system.)

Quite a few people posed in front of it to have their picture taken – but by their friends rather than by me, but I and other photographers took advantage of this.

More pictures at Spanish Practices in Regent St.


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My Own Atget

I already have one Atget print hanging on my wall in my front room, not an original print made by the man himself, but an excellent high quality reproduction which was a special supplement to a US photographic magazine back I think in the 1970s, printed by a much higher quality process than the normal magazine. I also have another rather fine image by Josef Sudek framed and on the opposite wall; I think they are sheet-fed lithographs and they certainly have a remarkable quality.

I don’t think anyone who has seen them framed on the wall has ever taken them to be anything other than a normal photographic print, and certainly in many of the books on my bookshelves there are some fine examples of the printer’s craft, duotone and quadtone reproductions that are often equal and sometimes superior to the darkroom prints that are shown in exhibitions and sold for high prices by photography dealers.

Not all photographic prints are particularly good prints, and some ‘vintage prints’ that make their way into the hands of dealers were never intended to be so. Some are prints that were rapidly made with little consideration to be printed in magazines and newspapers, and many do not represent the image at its best. When I spent a lot of time in the darkroom I would often make half a dozen prints from the same negative before I arrived at the one which I thought was exactly how I wanted it. That was the print which went into my portfolio or onto the exhibition wall, but there were often others that were almost right that I couldn’t bear to throw away, and I think the same was true of many photographers in the past. And I’ve seen prints on some dealers’ walls which surely must have come from the photographer’s waste bin.

Things are rather different for most photographers today. Many actually produce limited editions of prints, either made by themselves or a professional printer that are more or less identical, and if working from a digital file exactly so. The kind of work we put into each print, including dodging, burning and retouching is now incorporated into the making of the digital file.

Photography is essentially a medium of reproduction. The calotype became more important than the Daguerreotype despite its technical deficiences because the negative could be used to make multiple prints, limited only by the time it took to produce them. And digital has taken that a step further, with the digital file that produces as many prints as you like itself being infinitely reproducible without any variation.

High quality digital files of a number of great photographic images have of course been available for some years, particularly of the work available in the Library of Congress collection. On my computer I have large digital files of a number of the best images made by Walker Evans for the FSA, of Dorothea Lange’s Migrant Mother and of many other fine photographs. Enough to make a fine gallery of photography.

I have only ever printed one or two of these files largely because I simply don’t have the wall space to display them – and what I have is already filled with other images, including both photographic prints by myself and others as well as a few painting and some reproductions of paintings.

Jardin de l’hôtel des abbés de Cluny, (actuel Musée National du Moyen Age), 24 rue du Sommerard, Paris (Vème arr.). 1898. Photographie Photographie d’Eugène Atget (1857-1927) Paris, musée Carnavalet.

But today I downloaded a rather beautiful Atget and there are many more online along with works by many other great photographers, particularly French photographers, as the City of Paris has made available over 100,000 of the works in its museums freely on-line as high quality 300dpi digital images under a Creative Commons CC0 licence, essentially dedicating “the work to the public domain by waiving all of his or her rights to the work worldwide under copyright law, including all related and neighboring rights, to the extent allowed by law.

The CC0 licence is only applicable to “the reproductions of a work the author(s) of which died more than 70 years ago, after which time his/her works have fallen into the public domain, and which is the reproduction of a two-dimensional cultural asset the author of which died more than 70 years ago, a reproduction created by a photographer who has permitted Paris Musées to place the photograph under a CCØ licence or by a photographer employed by Paris Musées.” It also restricts you from selling the files, though you can use the images for both commercial and non-commercial purposes.

As their press release states (in French), you can now download the “oeuvres des grands noms de la photographie (Atget, Blancard, Marville, Carjat…) ou de la peinture (Courbet, Delacroix, Rembrandt, Van Dyck…). ” And while for the painters what you are downloading is a photograph of their paintings, for the photographers it is something much closer to the orginal, enabling you to make excellent digital photograph prints.

So far I’ve only downloaded a couple of Atget prints from what must be a very large collection, as his main source of income was selling his prints to the Paris museums. I first became aware of his work in a Paris museum, where some of the prints in a display of historic Paris for me stood out from the rest, and there in the small print of their captions was his name. The image above was probably one of those that impressed me and made me want to find out more about the photographer when I visited the musée Carnavalet in 1973.

There is a slight problems to overcome in downloading the images, in that they come in ZIP files, the image jpg accompanied by a PDF about usage (in both English and French) and a text file with some image details and its source. Unfortunately those I tried have file names that are too long for Windows 7 to handle and I needed to use the free 7-Zip to access the files. I haven’t yet tried in with Windows 10.