Re: Re: Re: Using print advertising published before 1978.

Subject: Re: Re: Re: Re: Using print advertising published before 1978.

Comments:
: : : : 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 : : : Auslander & Thomas-Intellectual Property Law Since 1909 : : : 505 Eighth Avenue, New York, NY 10018 : : : 212-594-6900, fax 212-244-0028, aus@auslander.com : : : ELAINE's Workshop (sm) : : : E arly L egal A dvice I s N ot E xpensive : : : 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? : Dear Susannah Walker, : Without research it used to be my understanding that a proprietor could rely on the copyright of the publication. : I have recently been led to believe that is not the case or not the case now. I am almost certain that there is law which I'm not going to research that provided this protection under the 1909 act. : M. Arthur Auslander : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive

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