This forum is no longer operational. Here are the New Forums.

Re: Old movie stills

[ The Intellectual Property Law Server ]
[ Follow Ups ] [ Post Followup ] [ Copyright Forum ] [ FAQ ]

Posted by M. Arthur Auslander on February 03, 2000 at 12:24:02:

In Reply to: Old movie stills posted by Christa on February 03, 2000 at 07:15:15:

: I have been asked to produce a book on old movies and movie memorabilia from the Golden Age of Hollywood. I own hundreds of publicity stills from old films. I also have movie and celebrity memorabilia from the 30's and 40's. The memorabilia that we want to use bears NO copyright notice, for instance a Ginger Rogers coloring book put out by a long gone company. The stills, however, bear the usual, "may be reproduced for magazines and newspapers". I have been told by the stock photo companies that such use is fine because it falls under fair use as criticism and review and that these photos were made expressly for publicity, etc. If it weren't OK, they would all be out of business. I am repeatedly asked by these stock photo companies to sell them my material. I have seen in many, many books the use of the same exact photos I have with only credit given to a stock photo company or to a private collection. When I ask private collectors like myself, they say that they loan their film stills and candids out all the time. Can I safely use my own collection of old movie stills and publicity candids? Should I set up my own stock photo company? Thank you.
Without research, there seems to be risk in use. The singles may very well be fair usable in context. There was a 5 year provision with regard to copyright notice in the prior law. Now under the Berne convention there is greater risk. The value of the pictures is not in question, only their reproducability, is in question. I would have to research for a good answer.
M. Arthur Auslander
ELAINE's Workshop (sm)
E arly L egal A dvice I s N ot E xpensive
Auslander & Thomas-Intellectual Property Law Since 1909
505 Eighth Avenue, New York, NY 10018
212-594-6900, fax 212-244-0028, aus@auslander.com

Follow Ups:

Post a Followup

Name:
E-Mail:

Subject: Re: Re: Old movie stills

Comments:
: : I have been asked to produce a book on old movies and movie memorabilia from the Golden Age of Hollywood. I own hundreds of publicity stills from old films. I also have movie and celebrity memorabilia from the 30's and 40's. The memorabilia that we want to use bears NO copyright notice, for instance a Ginger Rogers coloring book put out by a long gone company. The stills, however, bear the usual, "may be reproduced for magazines and newspapers". I have been told by the stock photo companies that such use is fine because it falls under fair use as criticism and review and that these photos were made expressly for publicity, etc. If it weren't OK, they would all be out of business. I am repeatedly asked by these stock photo companies to sell them my material. I have seen in many, many books the use of the same exact photos I have with only credit given to a stock photo company or to a private collection. When I ask private collectors like myself, they say that they loan their film stills and candids out all the time. Can I safely use my own collection of old movie stills and publicity candids? Should I set up my own stock photo company? Thank you. : Without research, there seems to be risk in use. The singles may very well be fair usable in context. There was a 5 year provision with regard to copyright notice in the prior law. Now under the Berne convention there is greater risk. The value of the pictures is not in question, only their reproducability, is in question. I would have to research for a good answer. : M. Arthur Auslander : ELAINE's Workshop (sm) : E arly L egal A dvice I s N ot E xpensive : Auslander & Thomas-Intellectual Property Law Since 1909 : 505 Eighth Avenue, New York, NY 10018 : 212-594-6900, fax 212-244-0028, aus@auslander.com

Optional Link URL:
Link Title:
Optional Image URL:

Do not disclose any details of any copyright or any facts relating to your circumstances. See a lawyer.
Before you post a message you must agree to the Terms of Use.

This is the Old Copyright Forum. It is no longer operational.
Click Here to go to the New Forums.

Pages: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153

Re: Old movie stills

This is the Old Copyright Forum. It is no longer operational. Click Here to go to the New Forums.

This is the Old Copyright Forum. It is no longer operational.
Click Here to go to the New Forums.