Just to stir the pot a bit more: I believe the original enquiry related to reproducing the postcards, not the images that appear on them, as a new product. Scalloped edges, text in vintage fonts, and all -- if I'm interpreting this correctly. (Stephanie, are you still with us?)
"...to create new postcards from historic postcards of their site that they have collected or purchased (but not accessioned)... The original postcards are from the 1920s-1940s." That being the case, what would the term of copyright protection be on the original published postcards, in the U.S.? A Google search for "term of protection + postcards" turned up a surprisingly informative answer: http://answers.google.com/answers/threadview/id/125521.html Of course, Stephanie's client could use the images (if public domain) and create newly-designed "vintage look" postcards. Amalyah Keshet -----Original Message----- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Virginia Rutledge Sent: Friday, November 19, 2010 1:26 AM To: Museum Computer Network Listserv Subject: Re: [MCN-L] Using old postcards to create new souvenirs: copyright? Indeed, copyright has been made too complex! Fortunately cases involving posthumously published works aren't all that common. (And there's a lot more to the Dickinson example.) Sadly, at present copyright overreach is much more common. But considering all possible circumstances and technicalities, it would be more accurate for me to say that there is "no simple way" for an image published in 1900 to still be in copyright. In order for an entity to have a valid copyright claim in such an image, some unusual circumstances would have to obtain, beginning with unauthorized reproduction, then proper registration and renewal and observance of formalities, a valid chain of copyright "title" if the entity isn't the legal successor of the original owner.... It's a lot to assume, but not impossible. It would be interesting to hear from the company if so. --- On Thu, 11/18/10, Frank E. Thomson <FThomson at ashevilleart.org> wrote: From: Frank E. Thomson <FThomson at ashevilleart.org> Subject: Re: [MCN-L] Using old postcards to create new souvenirs: copyright? To: "Museum Computer Network Listserv" <mcn-l at mcn.edu> Date: Thursday, November 18, 2010, 2:00 PM Interesting, but copyright is a complex issue. For instance, Harvard maintains copyright control of some Emily Dickinson poetry and she has be dead over a hundred years. http://rpo.library.utoronto.ca/poet/94.html Frank Thomson, curator Asheville Art Museum PO Box 1717 Asheville, NC 28802 2 South Pack Square 828.253.3227 tel 828.257.4503 fax www.ashevilleart.org fthomson at ashevilleart.org -----Original Message----- From: mcn-l-bounces at mcn.edu [mailto:mcn-l-boun...@mcn.edu] On Behalf Of Virginia Rutledge Sent: Thursday, November 18, 2010 2:54 PM To: Museum Computer Network Listserv Subject: Re: [MCN-L] Using old postcards to create new souvenirs: copyright? There is a very useful chart laying out when copyrighted material in the United States enters the public domain at http://copyright.cornell.edu/resources/publicdomain.cfm. It will show, for example, why there is simply no way there could be a copyright in any image published around 1900. Conceivably some new copyrighted work could incorporate an uncopyrighted image, but that portion of the new work, and the image itself, of course would remain public domain. A straight reproduction of a public domain image -- as in a new souvenir postcard of such an image -- is something anyone could make, and publish in any form. Hope this is helpful. Regards, Virginia Rutledge --- On Thu, 11/18/10, Pandora Mather-Lees <pandoraml at hotmail.com> wrote: From: Pandora Mather-Lees <pandor...@hotmail.com> Subject: Re: [MCN-L] Using old postcards to create new souvenirs: copyright? To: mcn-l at mcn.edu Date: Thursday, November 18, 2010, 8:04 AM Hello You probably know that the photographer may not still be alive but the? rights will continue for 70 years after the end of the year of his or her death.? When Bridgeman Art Library accesses this type of material from our museums and we are unsure (often they have little information to give us) we usually flag up the image as 'copyright status unknown' and we would certainly do this for anything post 1900.? Sometimes you can track the rights through the photographic studio if there is a stamp there.? At least this way our clients are aware that there is some risk.? With very old photographs, we would usually take the decision to display them on our website however. Hope that helps, Pandora Mather-Lees, MD, Bridgeman Education > From: FThomson at ashevilleart.org > To: mcn-l at mcn.edu > Date: Wed, 17 Nov 2010 15:30:49 -0500 > Subject: Re: [MCN-L] Using old postcards to create new souvenirs: copyright? > > There are occasionally contemporary publishers that also assert copyright > over vintage postcards that were published by companies they have bought out. > > We have so local postcards from around 1900 that a company claims copyrights > over. > > Frank Thomson, Curator > Asheville Art Museum > PO Box 1717 > 2 South Pack Square > Asheville, NC 28802 > 828.253.3227 tel > 828.257.4503 fax > fthomson at ashevilleart.org > www.ashevilleart.org > > -----Original Message----- > From: mcn-l-bounces at mcn.edu [mailto:mcn-l-bounces at mcn.edu] On Behalf > Of Stephanie Weaver > Sent: Wednesday, November 17, 2010 3:00 PM > To: mcn-l at mcn.edu > Subject: [MCN-L] Using old postcards to create new souvenirs: copyright? > > Hi MCN, > I know many of you deal with copyright so wanted to ask for your input. One of my clients would like to create new postcards from historic postcards of their site that they have collected or purchased (but not accessioned). At what point do mass-produced images become public domain? The original postcards are from the 1920s-1940s. Copies of these postcards are most likely in collections in our local historical society. > > Thanks, I appreciate you sharing your expertise. > > Best, > > > Stephanie Weaver > Visitor experience consultant > experienceology: Because happy visitors return. > San Diego, CA > Skype: experienceology > E-news: http://www.experienceology.com/newsletter/ > > For information on our book, blog, podcast, upcoming classes, and > e-news, visit www.experienceology.com or follow me on twitter.com/experienceology. See samples of my classes here: www.youtube.com/experienceology. Watch the free archived version of my class on the visitor experience here: http://bit.ly/NlunE > > Upcoming presentations: > Interpretation Canada online conference: November 30, 2010 Hawai'i > Museums Association: January 2011 (TBD) > > Past presentations: > Palo Alto Art Center: October 2010 > Western Museums Association: October 2010 Heard Museum & Phoenix Zoo: > October 2010 Downey City Library: August 2010 American Association of > Museums: May 2010 Tijuana Estuary docent training: April 2010 UCLA > Extension: January 2010 > > _______________________________________________ > You are currently subscribed to mcn-l, the listserv of the Museum > Computer Network (http://www.mcn.edu) > > To post to this list, send messages to: mcn-l at mcn.edu > > To unsubscribe or change mcn-l delivery options visit: > http://toronto.mediatrope.com/mailman/listinfo/mcn-l > > The MCN-L archives can be found at: > http://toronto.mediatrope.com/pipermail/mcn-l/ ??? ???????? ?????? ??? ? -----Inline Attachment Follows----- _______________________________________________ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To unsubscribe or change mcn-l delivery options visit: http://toronto.mediatrope.com/mailman/listinfo/mcn-l The MCN-L archives can be found at: http://toronto.mediatrope.com/pipermail/mcn-l/ ? ? ? _______________________________________________ You are currently subscribed to mcn-l, the listserv of the Museum Computer Network (http://www.mcn.edu) To post to this list, send messages to: mcn-l at mcn.edu To unsubscribe or change mcn-l delivery options visit: http://toronto.mediatrope.com/mailman/listinfo/mcn-l The MCN-L archives can be found at: http://toronto.mediatrope.com/pipermail/mcn-l/
