postcard copyright?

keo317

Grumbler
Joined
Dec 15, 2002
Posts
39
Loc
Homer, NY - The center on NY State
OK, since the subject of copyrights was put out there....Is there copyrights on old postcards ie pre 1930's. I was told by a photographer that he believed that over 75 years and there is not one. I am also talking about the retouched photos of towns ect. I have been taking them to staples and getting them enlarged about 25% and matting to 8x10. Using local buildings and landmarks.


Kate
 
not exactly so. Check out Walt Disney. They reciently re-uped the copyrights on all of their charactures. I think the copyright law was changed through their lobbying Congress.
 
Copyright dies.

Trademark does not.

For instance, the Coke Santa. The are image is over 75, but the image is a Coke Tradmark with the Coke log on it.

Tehcnically the image of Walt Disney's Steamboat Willie is "public Domain," but since that image is intergally link to the Walt Disney name, and Disney, at one time may have even had a Willie TradeMarked line of products the image is a trademark.

If the images are not trademarks. . . That does not apply to too many buildings. But it can, in LA, the Bradbury Bldg trademanrked it's image and likeness. But that's the rarity.
 
Try this
http://www.copyright.gov/circs/circ1.html
for information. I posted else where but it could help here.
I don't know about Trade marks but the latest up date I knew of on copyrights was that they were issued for the life of the author plus 50 years. But you have to be careful since incorporatins can be viewed by the courts as a liveing enity and they can own copyrights also and as long as they exist they are in force (PLUS 50YEARS). I think this is often done when the author is on his last and then incorporates to include his FAMILY so that it's like the Energizer Bunny ,(It keeps going and going and going)
BUDDy
PS I think PUBLIC DOMAIN can also incorporate things like public buildings which are not the property of anyone in particular and can be considered belonging to he general public. So as such images of these can not be copyrighted but this is covered in my website and I may be wrong.
 
Once an image falls into public domain it can not be copywrited. The laws have changed alot over the years, grandfathering in items that were still protected and extending those items.
Very confusing
shrug.gif
 
There also has to be someone around who would wish to challenge you for using the questionable property. Another consideration would be, even if there was, is your usage of the property worth hiring an attorney?

How many of us play a radio or Cd's as background music? That is a blatant copyright infringement and there ARE people going after users, but we still do it, don't we?

You have to be realistic about your concerns. A small custom picture framing shop that duplicates whatever, in order to sell ten or twelve pieces from their shop, is very unlikely to raise the ire of anyone.

Even if it did, I doubt filing a lawsuit against the shop would bring much in the way of tangible rewards. I don't think they would bother. They may send you a letter threatening you with a suit, unlikely it would actually happen though.

Unless you are planning to go into nationwide distribution with your copying of these old whatevers, or your using the images in printed advertising, I wouldn't worry about it one bit. Just do it, have fun, enjoy your shop.

If you could find one person in this country that does not break or infringe on at least one of our thousands of laws at least once a month, the person is probably comatose in a hospital somewhere.

We are a country of laws, it's our national pastime, creating new laws and rules in order to enhance our freedoms. I just wouldn't worry about these little infringements if I were you.

How many times have you thought," There should be a law against that." I have news for you, there probably is.

John
 
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