Hi Trish,
Thank you for the referral. I looked through that but I don't think my intended use (an unofficial code4lib conference t-shirt) can be categorized as teaching, research, or study. ;-) I may do a one-off copy for myself.
-- Michael
> -----Original Message-----
> From: Code for Libraries [mailto:[log in to unmask]] On Behalf Of
> Trish Rose-Sandler
> Sent: Friday, December 09, 2011 1:56 PM
> To: [log in to unmask]
> Subject: Re: [CODE4LIB] copyright/fair use considerations for re-using
> Seattle World's Fair images
>
> Michael,
>
> If you think your use falls under Fair Use you may find the recently
> released document from the Visual Resources Association useful
>
> *Statement on the Fair Use of Images for Teaching, Research, and Study*. *
> http://www.vraweb.org/organization/pdf/VRAFairUseGuidelinesFinal.pdf*.
>
> Trish Rose-Sandler
> Data Analyst, Biodiversity Heritage Library Project
> http://www.biodiversitylibrary.org/
>
>
> On Fri, Dec 9, 2011 at 1:45 PM, Beanworks <[log in to unmask]> wrote:
>
> > I think what Cary is trying to say is "welcome to the fun world of
> > copyright!"
> >
> > No, you shouldn't assume copyright was not renewed. You will need to
> > determine (1) who the copyright holder is/was and (2) whether the
> copyright
> > has lapsed. This is not always an easy task, which is why you need to
> > document your good faith efforts (which will, of course, be exhaustive).
> >
> > Carol
> >
> > On Dec 9, 2011, at 2:26 PM, Cary Gordon <[log in to unmask]> wrote:
> >
> > > Copyright law requires that you make a good-faith effort to find the
> > > copyright owners. If you document such effort and they sue you, this
> > > can weigh heavily in your favor. There are two obvious caveats: a) You
> > > can still get sued, not to mention annoying cease-and-desist letters;
> > > and 2) They could still win.
> > >
> > > Being that we are, for the most part, not art critics, you could
> > > consider creating original art. You might get mocked, particularly
> > > after a few beers, but that's just the way we roll. Of course, if you
> > > buy beer, that will reduce any mock risk.
> > >
> > > Cary
> > >
> > > On Fri, Dec 9, 2011 at 12:34 PM, Doran, Michael D <[log in to unmask]>
> wrote:
> > >> 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%20monorail/
> 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/
> > >
> > >
> > >
> > > --
> > > Cary Gordon
> > > The Cherry Hill Company
> > > http://chillco.com
> >
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