Beskrivelse

Valued image This image has been assessed under the valued image criteria and is considered the most valued image on Commons within the scope: Category:Stumpers!. You can see its nomination here.

Lisensiering

This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason: Public domainPublic domainfalsefalse This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art. Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties. العربية ∙ беларуская (тарашкевіца) ∙ čeština ∙ Deutsch ∙ Ελληνικά ∙ English ∙ español ∙ français ∙ Bahasa Indonesia ∙ italiano ∙ 日本語 ∙ 한국어 ∙ македонски ∙ Nederlands ∙ português ∙ русский ∙ sicilianu ∙ slovenščina ∙ ไทย ∙ Tiếng Việt ∙ 中文（简体） ∙ 中文（繁體） ∙ +/− This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag. Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.

Copyright status

At the time of release, permissions of using this photo was granted to the third-party media for editorial uses only. However, this photo was released during the Copyright Act of 1909 and lacks copyright notice, as indicated in all versions of this file, which the 1909 Act required prior to the Copyright Act of 1976 and the Berne Convention Implementation Act of 1988. No efforts to correct this omission were made.

Analysis of copyright

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:

1. The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”
2. "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.

3. 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 Honthaner 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).