File:Hoover men Allan Herbert Sr Andrew 1950.jpg
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|DescriptionHoover men Allan Herbert Sr Andrew 1950.jpg||
English: Photo of Hoover men in the Flamingo Yacht Club (located in Florida): (top) Andrew; (bottom) Allan, Herbert Sr.
|Source||eBay ( front, back)|
|Author||International News Photos (now merged into United Press International)|
( Reusing this file)
Copyright expired; claimant International News Photo (or United Press International) did not renewal photos, published in 1950, like this photo, in 1977 and 1978. First stamped on February 17, 1950.
All versions of and other unscanned portions of the back of this photo do not display the copyright notice. This photo was released under the Copyright Act of 1909, and, under the 1909 Act, the copyright notice was required and must contain three elements:
- The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”
- "The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles."
- This was not required for copyrighted photos published before 1978 under Copyright Act 1909, and omission of date may have been irrelevant to such works. Omission of year is permitted for pre-1978 works. Publication with notice (year or no year) secures copyright. Unpublished pre-1978 photos may have been registered and still count as "published", even if unpublished.
- The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.
- Example © 2007 Jane Doe.
See http://www.copyright.gov/history/1909act.pdf for older rules that apply to pre-1978 works without required notice. See more at Appendix A of the Copyright Act of 1976: http://www.copyright.gov/title17/92appa.pdf.
Film production expert Eve Light Honathaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):
|“||Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary.||”|
The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55:
|“||There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them.||”|
Creative Clearance-Publicity photos"
|“||Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did).||”|
|Public domainPublic domainfalse|
|This work is in the public domain because it was published in the United States between 1923 and 1963 and although there may or may not have been a copyright notice, the copyright was not renewed. Unless its author has been dead for the required period, it is copyrighted 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. See Commons:Hirtle chart for further explanation.
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