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From: Al
Date: 01 Jul 2004
Time: 17:31:12 -0500
Remote Name: 216.192.9.5
Interesting Q, Foxfires. Technically, anything written after 1978 is automatically copyrighted by the person who wrote it/put it into a tangible (aka visual perceptible) form. I think the copyright gives protection for the length of their lifetime plus 70 years and then it enters public domain. The same would probably go for the graphics but the time frame may be different, the copyright being held by whoever either took or published the original postcard. But before 1978 copyright law was much different. Before then, apparently the creator of the postacrd/graphic had to put a copyright notice on it to protect it and include a date and name (so you would know who it is). Even so, the original copyright only lasted 28 years and had to be renewed, and could only be protected for a total of 75 years. Since they are antique, if they were made/published before 1978 you are fine if either a) there is no copyright notice (no notice, no protection because no one can prove it is theirs OR b) if there is a notice but more than 75 years has passed since that date. If so, they appear to have passed into the public domain. Hmmm . . . the written correspondence is a bit less well covered. If you knew the person, it would be a simple matter of contacting them to get the nod. Or if it came from someone who knew your propensity for using stuff and was cool with it - as long as you disguised it well enough (you know - leaving out the specifics of Uncle Hermans recent hernia operation and what someone really thinks about Aunt Virginas new husband). One thing that maybe in your favor is that the copyrights require (I think) damages like a loss of income or compensation or lack of proper crediting. If your use renders it unrecognizable or untraceable, you do not falsely claim you own the copyright, and you do not take income away that would normally go to the copyright holder, you may be fine. You can look at the copyright stuff at Nolo Press **** Copyright stuff at http://www.nolo.com/lawcenter/ency/index.cfm/catID/804B85E3-9224-47A9-A7E6B5BD92AACD48 ***** Visual craft stuff at http://www.nolo.com/lawcenter/ency/index.cfm/catID/FD8C060B-5DD4-4809-A53ECCF6BBD87E32#5DD3BD40-C970-45AC-BF68DC9BA717AFDB **** or the US copyright office (assuming you are in the US and it was writeen/published by US citizens and thus covered under US copyright law - go here to check out the latest info *** http://www.copyright.gov/ ****). Still with me? On the lighter side, too bad is wasnt written by a deity. ;-) According to a (9th circuit court of appeals ruling), deities seem to not enjoy copyright protection under US law - at least the way things stood a few years ago. Obvisously this is how Moses and a few other profits got around the whole plagerism issue. [Not sure if you wouldnt be hauled off somewhere nice and quiet if you admitted you got it from a burning bush these days. (lol) ] I am not sure about how the courts would rule in JCs case - it might all hinge on the whole issue of which way the court (not JC) came down on the "Son of Man" versus "Son of God" issue and whether they called it Either/Or or went with Both/ANd. Frankly, the issue is cloudy at best, and witht he way they are removing Christrian references in courtrroms these days - the Big Cheese is not getting much legal standing. I personally am wondering what Justice is gonna think about all this - perhaps this is a test of how good that blindfold really is?? (giggle) Isnt there something about the authority having to be subject to the same laws as everyone else - or am I thining of the Magna Carta and that this only applies to kings? Not sure if this helped or muddied the waters - Al (ps - you may want to consider copyrighting your own stuff if you are going to be selling lots of it ;-) )