Re: Re: Using print advertising published before 1978.
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by Susannah Walker on March 20, 2001 at 09:04:00:
In Reply to: Re: Using print advertising published before 1978. posted by M. Arthur Auslander on March 19, 2001 at 13:50:29:
: : I am nearing completion of my doctoral dissertation in history. I use alot of advertising as evedence in my work, and I'm confused about the copyright law pertaining to my using copies of advertisements as illustrations in the dissertation (or in a future book). None of the ads I want to use have copyright notice on them, and all were produced and appeared in magazines and newspapers before 1978. According to the 1909 copyright law, they should be in the public domain, right? Would the magazines or newspapers in which the ads appeared have claims to copyright? How could they if the same advertisement appeared in several different periodicals? If anyone could give me some advice on this issue I would greatly appreciate it.
: Dear Sussanah Walker,
: One thing is a dissertation another thing is reprocuction. The copyright office says all things before 1923 are in the public domain.
: Good luck.
: M. Arthur Auslander
I don't think I was clear. My question was about using advertisements in my dissertation that appeared in popular magazines and newspapers before 1978 when the advertisements contained no copyright NOTICE, and no indication that copyright was ever registered at all. Dosn't the 1909 law indicate in Chapter 1, Sections 10 and 19, that failure to give notice of copyright on the copies distributed results in forfiture of copyright? Related to this, could the magazine I got the advertisements from claim copyright on uncopyrighted ads it runs in its pages, even if the same ads appeared in several other magazines?
The Intellectual Property Law Server
Old Copyright Forum