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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 > >