Look at the page for the image you found on Flickr.  Near the bottom of the page is a link labeled "Request to license".  If you click that link, it gives you directions on how to license that image for your own use through Getty.  That would be the first thing I would check.  Getty might be in a better position to find out the copyright status.  And even if the original artwork is no longer under copyright, you might have trouble using this particular image of that artwork.  But Getty has people who deal with this type of stuff.

I have no expertise in copyright law.  But because there is that easy link right on the page, I suspect that simply using that image without even trying the license link it would be viewed as flagrant disregard if there turns out to be a problem.

					Steve McDonald
					[log in to unmask]


> -----Original Message-----
> From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of
> Doran, Michael D
> Sent: Friday, December 09, 2011 1:34 PM
> To: [log in to unmask]
> Subject: [CODE4LIB] copyright/fair use considerations for re-using
> Seattle World's Fair images
> 
> I was hoping to re-use/re-purpose a couple of 1962 Seattle World's Fair
> images found on the interwebs [1][2].  Both images were originally
> created for souvenir decals.
> 
> According to the U.S. Copyright Office's "Copyrights Basics" [3]
> section on works originally created and published or registered before
> January 1, 1978, "copyright endured for a first term of 28 years from
> the date it was secured" -- i.e. for these images, from 1962 to 1990.
> It goes on to say that "During the last (28th) year of the first term,
> the copyright was eligible for renewal."  This however, was *not* an
> automatic renewal.
> 
> So, unless the copyright was explicitly renewed in 1990, the images are
> in the public domain.  Since these images were for souvenir decals
> (rather than something like a poster), I'm inclined to think the
> original copyright owner probably didn't renew the copyright.  However,
> I don't know who the original copyright owner is and really have no way
> of finding out, and therefore I can't ascertain whether or not the
> copyright was renewed.
> 
> For those with more experience in copyright, any thoughts regarding
> situations like this?
> 
> I realize this isn't a coding question, but figured I might get some
> helpful responses from those of y'all working in archives and various
> digital projects where copyright issues regularly come up.
> 
> ps  I've eliminated the "Century 21 Exposition" logo in my proposed
> reuse, if that matters (on one image, there is a registered trademark
> symbol next to the logo).  I'm also not retaining the original "Seattle
> World's Fair" text.
> 
> -- Michael
> 
> [1] http://www.flickr.com/photos/hollywoodplace/6007390480/
> 
> [2]
> http://media.photobucket.com/image/seattle%20world%2527s%20fair%20monor
> ail/bananaphone5000/NEWGORILLA/SeattleWFDecal.jpg
> 
> [3] http://www.copyright.gov/circs/circ1.pdf
> 
> # Michael Doran, Systems Librarian
> # University of Texas at Arlington
> # 817-272-5326 office
> # 817-688-1926 mobile
> # [log in to unmask]
> # http://rocky.uta.edu/doran/