Re: Old adverts from collection held at Duke University
[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]
Posted by nobody on December 09, 2003 at 15:06:43:
In Reply to: Old adverts from collection held at Duke University posted by Alex Burnett on November 24, 2003 at 17:52:55:
: I was wondering whether or not I could get in trouble for reproducing images from the tobacco adverts held at Duke University here is the link http://scriptorium.lib.duke.edu/eaa/browse.html .The Tobacco advert details are held at the bottom as you may notice they are all pre 1923 and I have checked that the companies whose adverts I want to use are long gone. I contacted Duke and was told they wanted $75 per image for a commercial licence to use the images. I said that the images were pre 1923 and surely I could use them, I would be happy to make a donation but the $75 per image is a joke ( I put it nicely) . The libary replied only to say they own the images and a licence would be required and judging from their website they almost seem to be claiming copyright over items which are pre 1923 and were not produced by themselves. I do not obviously want to get into trouble so anyones "opinion" on this would be very, very,very appreciated.
In light of the Bridgeman case, and Copyright Office opinions, they probably have no claim to copyright on the scans and they are very probably not registered. A good book on public domain is:
http://www.pdinfo.com/source/N374339.htm However, a license agreement would most likely be upheld anyway, if you agreed to it.
I am not a lawyer and this is not advice!
Post a Followup