MCP 2Lb Anti-Tank portees

[servicepub (RIP)]

There is always a lot of confusion about who owns a photographic print and who owns the Intellectual Property (copyright).
Regardless of where a photo was obtained (Aust War Museum or your Auntie Belle) it can be bought, sold, trsded, etc... for free or for profit. Limitations come into effect if you wish to reproduce the photo. Even a Xerox copy would not be allowed except under some very strict rules (use in a classroom, personal use, etc...) but if the reproduction is for commercial use and profit then the rights of the creator come into play.
Copyright laws vary by country but most have a number of years where only the creator can benefit. In Canada it is currently 50 years after the creator's death. However, in the case of photos taken by employees (newspaper photographers, military Film & Photo guys) the copyright belongs to the employer. For Canadian Army photos this 'Crown' copyright expires 50 years after the photo is created.
The additional 'wrinkle' imposed by many museums is their ownership of the actual image. In other words, only the Aust War Museum has this picture so if you want a copy to use in a commercial endeavour you have to agree to pay a reproduction fee. Most museums charge this. BUT, if you find the same image from a 'free' provider or you buy a print from e-bay, a store or a flea market, then you can do whatever you wish with it provided you can show that the photographers or employers copyright has expired. An example of a free provider is the Cdn Library & Archives who only charge for the cost of the photographic print and do not charge reproduction fees.
I have often gone trolling in the IWM on-line photo collection then go to the Cdn Archives to find the same photo. This way I avoid the IWM's insanely high reproduction costs.