Eve:  

Many thanks not only for the summary of US term of protection, but for the 
heads-up about F. Scott Fitzgerald, et al., rising into the public domain on 
January 1.  Woohoo!

(And just a reminder: the original query wasn't about postcards published in 
1900, but in the 1920s-1940s.  The 1940s + 95 could mean postcards going out of 
copyright in 2035 - 2044.)

Amalyah


-----Original Message-----
From: mcn-l-bounces at mcn.edu [mailto:[email protected]] On Behalf Of Eve 
Sinaiko
Sent: Sunday, November 21, 2010 11:09 PM
To: 'Museum Computer Network Listserv'
Subject: [MCN-L] Basic rule of copyright term in the US

Maybe it would be useful to repeat the most simplified version of current US 
copyright term. I have this taped to my computer. 


Works created by an individual: Date of death + 70 years Works copyrighted by a 
corporation: Date of publication + 95 years or date of creation + 120 years. 


We should keep in mind that 99.9% of uses fall within this rule--and that as a 
practical matter it holds for international publication too.

One can do a reasonable assessment of those occasional instances that might 
reasonably be thought to be exceptional or on the borderline, and research 
their rights status with care. In my view, a postcard published around 1900 
doesn't fall under that rubric--neither the original image nor any marginal new 
creative content that might conceivably inhere in the crinkly edges.

Of course the above "Short Version" sets aside exceptions for certain US works 
created between 1923 and 1978; it sets aside rare exceptions in which old 
peculiarities of superseded laws have been exploited to extend copyright in 
highly esoteric individual cases; and it sets aside the exotic complexities of 
publishing internationally in nations that have not signed the Geneva 
Convention. But on the whole it works; it's reliable; it's broadly accepted. 

We're approaching the New Year. Don't forget to drink a toast on Jan. 1 to 
welcome to the public domain F. Scott Fitzgerald, Paul Klee, Tina Modotti, 
Edouard Vuillard, Marcus Garvey, Walter Benjamin, Nathanael West, and Leon 
Trotsky. 

Cheers,
Eve Sinaiko
NYC



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