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P3D Re: Realist advertising
- From: Tom Martin <tlmartin@xxxxxxxxxxxxx>
- Subject: P3D Re: Realist advertising
- Date: Fri, 1 Oct 1999 22:36:56 -0600
Sorry it has taken me so long to respond. Greg Wageman correctly quoted
the copyright timeline:
> Properly registered copyrights were originally valid for a term of 26
> years, and could be extended for a second term of 26 years. The rewrite
> of the Copyright Law in 1976 "grandfathered in" any currently-valid
> copyrights to the new term of "life of the author, plus 50 years" for
> works copyrighted by an individual. (The current term is "life of the
> author plus 75 years".) "Works made for hire", such as many commercial
> works like Keystone stereocards and Realist advertisements, would fall
> under the "75 year" term (from registration or publication).
So for any copyrighted work published before 1950 (1976 - 26 = 1950), if
the copyright was not renewed, it would today fall into public domain
today.
However, the original request was about advertising, and most
advertising was not copyrighted in the first place, so most of the 1950s
ads are in public domain already. The point I was trying to make was
that it is the trademark and model releases that will give the Internet
publisher the most problems. Sadly, most of the trademarks are no longer
valid, so are not of much concern. It is the model releases that will
give you the most potential problems.
Greg warns of the many copyright dangers, I disagree and say that they
are minimal (even though present). You must decide the degree of risk
that you are comfortable with when publishing a work that is not your
own. Most companies do not care if their old advertising is reprinted,
as long as it is labeled as such and does not put the company in an
unfavorable light.
Personal opinions spoken here,
Tom Martin
mailto:tlmartin@xxxxxxxxxxxxx
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