Hi Steve,
Images of this decal are in on other web pages too. Even if it's possible that this person's *photo* is the Ur-photo of which all the others are copies, it's the original decal artwork that I think is the issue. I could probably eventually buy the decal on eBay or some such, and take my own photo, but the artwork's copyright would be the main copyright consideration.
-- Michael
> -----Original Message-----
> From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of
> McDonald, Stephen
> Sent: Friday, December 09, 2011 2:10 PM
> To: [log in to unmask]
> Subject: Re: [CODE4LIB] copyright/fair use considerations for re-using
> Seattle World's Fair images
>
> 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/
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