Image Copyrights

ann0087

Hi,
I was wondering if anyone knew any information about image copyrights. I'm working on a concept for a deck using vintage advertisements, post cards and holiday cards, most of which I would assume based on their age (around 1920s) are in the public domain. Does anyone know of any databases or services to look this up, or have any general information about public domain images?

(I'm in the United States if it helps)
 

DavidMcCann

Almost all commercial art will be done by employees or with the copyright sold with the picture, so at least the artist is not a factor. If an advertisement or postcard came out in, say, 1930, it would be protected until 1958, unless the copyright owner applied for renewal within that time. I'd say that the chance of a campaign or product running for over 28 years, necessitating a renewal, is pretty small.

The real question, is what would the reaction be? Where an image is long-running, like the Coca-Cola bottle, the company's concern is to prevent other manufacturers passing off their product or benefiting from their advertising. If some-one uses the image in a completely different context, that's actually free advertising for them. Would they sue an artist for including the bottle in a picture? Would they sue a TV company for having the bottle on set? Actually, manufacturers pay TV companies to get their products on set!
 

firecatpickles

Would they sue an artist for including the bottle in a picture? Would they sue a TV company for having the bottle on set? Actually, manufacturers pay TV companies to get their products on set!

Not sure if they'd sue the artist or not. Coca-Cola, surely. lol

It is illegal to have labels of major products on television (not sure about movies, college roommate worked in t.v.)

In movies and television not only do they pay to have their labels in media print (as in film), major companies will mail set-versions of their products complete with the product inside. Budweiser cans and bottles have non-alcoholic beer in them (btw). The label is not the actual label but the product inside is the same :| AND it will "read" as the Bud or Coke labels, for example, on screen. (And when you taste the product, I swear it tastes different! It's all in the label...)

So back OT, I would say to steer clear of Major companies that exist today, 90 years in stock holders value is a long time.

I would see no problem with going through some microfish and printing out some ads from the 20's and using them; again. to stay away from Pepto- Pepsodent- Kraft -like adverts, etc.
 

conversus

In addition to the question of Copyright is the issue of registered Trademarks. Many if not most Corporations make use of Trademarks related to their products which then appear in any number of commercial advertizements. Once an image or a name or a phrase is Trademarked, no one can use it without prior permission.

Your best bet is documenting a good faith effort seeking such permission for each of the images you intend to use. Then if you get sued you can show that you tried in good faith to do the right thing. You might also be able to rely on various aspects of the Fair Use aspects of copyright law.
 

ravynangel

deleted :)
 

Amsonia

I would research each image, if you can't get permission, or you can't verify that it is public domain, then don't use it. I work with stock photography and copyrights are a huge issue...both old and new...it isn't worth a law suit.
 

gregory

I never thought about trademarking - but that could be a minefield in terms of ads and so on.