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:CODE4LIB@LISTSERV.ND.EDU] On Behalf Of > McDonald, Stephen > Sent: Friday, December 09, 2011 2:10 PM > To: CODE4LIB@LISTSERV.ND.EDU > 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 > steve.mcdon...@tufts.edu > > > > -----Original Message----- > > From: Code for Libraries [mailto:CODE4LIB@LISTSERV.ND.EDU] On Behalf Of > > Doran, Michael D > > Sent: Friday, December 09, 2011 1:34 PM > > To: CODE4LIB@LISTSERV.ND.EDU > > 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 > > # do...@uta.edu > > # http://rocky.uta.edu/doran/