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these guys might own the copyright http://seattlecenter.org/ https://www.facebook.com/pages/1962-Seattle-Worlds-Fair/106938462090 On Dec 9, 2011, at 12:53 PM, Doran, Michael D wrote: > 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 >>>