Copyright Law and Advertisements
June 8, 2010 1:56 PM Subscribe
Can I legally reprint an ad from 1930, or an ad from 1990 for that matter, in a pamphlet that I will profit from? If not, how can I get rights to do so?
I want to use two ads in a pamphlet that I will be selling on the history of beauty. One from 1930, one from 1990. I don't mind paying a reuse fee if I need to but how do I find out who has the copyright to these advertisments, and in the 1990s one in particular, the photograph used in the ad?
I want to use two ads in a pamphlet that I will be selling on the history of beauty. One from 1930, one from 1990. I don't mind paying a reuse fee if I need to but how do I find out who has the copyright to these advertisments, and in the 1990s one in particular, the photograph used in the ad?
A 1930s ad is almost certainly out of copyright. A 1990s ad is certainly not.
Copyright law is really complicated. jabberjaw's link is a good overview, but to be close to certain you really need a lawyer (you can never be truly certain for anything from the last ninety years, thanks to multiple encroachments on the public domain.) Be aware that there might be trademark issues as well. And even if you're completely in the clear you may have to pony up to prove your innocence in court.
tl;dr The game is rigged.
posted by ChurchHatesTucker at 2:32 PM on June 8, 2010
Copyright law is really complicated. jabberjaw's link is a good overview, but to be close to certain you really need a lawyer (you can never be truly certain for anything from the last ninety years, thanks to multiple encroachments on the public domain.) Be aware that there might be trademark issues as well. And even if you're completely in the clear you may have to pony up to prove your innocence in court.
tl;dr The game is rigged.
posted by ChurchHatesTucker at 2:32 PM on June 8, 2010
Note that it (to oversimplify slightly) doesn't matter if you will profit from the pamphlet.
posted by deeaytch at 6:12 PM on June 8, 2010
posted by deeaytch at 6:12 PM on June 8, 2010
This probably depends upon where you are.
Yes, this can be a factor, as well as where you publish. Most of the above is US-centric.
posted by ChurchHatesTucker at 10:43 PM on June 8, 2010
Yes, this can be a factor, as well as where you publish. Most of the above is US-centric.
posted by ChurchHatesTucker at 10:43 PM on June 8, 2010
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Note there may also be trademark issues.
I would guess that you have to contact the product/service provider being advertised in the ad, and ask them for permission to use their ad in your pamphlet. They are the likely copyright holder.
posted by jabberjaw at 2:02 PM on June 8, 2010