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[Ekko]

Hi

I want to use one of the classic Boris Karlof Frankenstein monster photo images on a music CD I'm producing. I've come across such a photo on Wikipedia and according to the Wikipedia information about this image, it's in the public domain. But is there any way that I can check on this for sure?

Also, if I were to draw a recognizable picture of the Karlof monster face would this infringe copyright?

[Isaac]

I want to use one of the classic Boris Karlof Frankenstein monster photo images on a music CD I'm producing. I've come across such a photo on Wikipedia and according to the Wikipedia information about this image, it's in the public domain. But is there any way that I can check on this for sure?

There are a number of reasons why images might be public domain, and some are easier to check than others.   In this case, the maximum possible copyright term for the image has not expired, but the copyright holder may have failed to take some actions which could result in the image becoming public domain.  What rationale did the Wiki information give for the image being public domain?  Are you sure they did not give a "fair use" rationale?  Is so, you may not be able to rely on using that rationale since your use will be different from the use made on wikipedia.

Also, if I were to draw a recognizable picture of the Karlof monster face would this infringe copyright?

Maybe.  You've seen pictures of the Karlof monster.  If you inadvertantly reproduce features from a photo you've seen you might end up either infringing or creating a situation where you would have a difficult time proving that you did not infringe.  It is probably at least possible to draw a non-infringing, recognizable picture.

[Smokin]

Published 1931
Reasons wiki gives:

This work is in the public domain because it was published in the United States between 1923 and 1977, inclusive, without a copyright notice.

Also, if I were to draw a recognizable picture of the Karlof monster face would this infringe copyright?

If the image is in fact in public domain, then the answer is NO.

But is there any way that I can check on this for sure?

Try going to the US copyright office website and doing a web search for Karloff's stuff. You might just get your definitive answer that way. If not then youd have to go to the library or hire someone to go there and pay a largish fee and let the copyright office research for you. I forget how much it is but I believe is was a least a few hundred for the first hour or so.

[Smokin]

http://www.archive.org/details/ExcerptsFromThePhotoplayTheBrideOfFrankenstein1935

Considering how many times I've seen clips from the bride of frankenstien in various films or shows, Im pretty confident the movie is in public domain. It wouldnt have been used so much if they had to get Universal's permission every time.

[Ekko]

Hi -- thanks for the very helpful replies guys!

As Smokin pointed out, Wiki says of the image in question:

"This work is in the public domain because it was published in the United States between 1923 and 1977, inclusive, without a copyright notice."

But it also goes on to say:

"Unless its author has died for several years, it is not in the public domain in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada (50 pma), Mainland China (50 pma, not Hong Kong or Macao), Germany (70 pma), Mexico (100 pma), Switzerland (70 pma), and other countries with individual treaties."

So if the CD were to be marketed in those countries I guess I need to check on whether or not the "author" has been dead for "several years". Does anyone know if the "author" would be "Universal Pictures" or the photographer who took the shot?

I've written an email to Universal Pictures to see if they can help me -- but I'm not holding out much hope on that avenue of enquiry.

As Smokin also says, the sort of images in question are very widely used -- so that's hopeful -- but I do want to err on the safe side and find out exactly what the copyright situation is here.