Copyright on original postcard images

[Roscoe02]

I recently acquired several thousand 2 1/4 x 2 1/4 and 4x5 original transparencies that I discovered are from the files of a now defunt postcard company. The company (Aladdin Studio, Columbus, Ohio), appears to have gone out of business in the late 70's or early 80's). I have many of the matching postcards, and the cards are marked with the company name, so I at least assume they were copyrighted. Though I also have similar images clearly taken in the same shoot that were not chosen for a postcard. And by "transparency" I am referring to either an original 'positive' negative that would be the first generation original shot, or some may be the 2nd generation image taken directly from the negative - either way, the transparencies are the original image used to print the postcards. In other words, these images would all be the master file images from the postcard company.

So my question is, what copyrights would apply to the images in a company name with the company long out of business? And is it a bad idea to assume no one cares since no one appears to have wanted the master images I now own? Though it is possible that the owner of the images passed away and that's how the images ended up at auction in an estate liquidation. Do I need to track down someone from the original company to seek permission, or find an heir? Or does my legally acquired ownership of the original images constitute my rights to publish / sell / grant rights, etc.?

I am grateful for any information on this.

Roscoe

 

[FlyingRon]

The rights remain with the estate or whomever the estate assigned them to. Just because you bought the physical negatives doesn't give you the copyrights necessarily. Just because the author dies (or a corporation dissolves) doesn't mean the rights aren't assigned to a successor.

You should contact whoever was doing the liquidation to secure the rights.

 

[quincy]

I recently acquired several thousand 2 1/4 x 2 1/4 and 4x5 original transparencies that I discovered are from the files of a now defunt postcard company. The company (Aladdin Studio, Columbus, Ohio), appears to have gone out of business in the late 70's or early 80's). I have many of the matching postcards, and the cards are marked with the company name, so I at least assume they were copyrighted. Though I also have similar images clearly taken in the same shoot that were not chosen for a postcard. And by "transparency" I am referring to either an original 'positive' negative that would be the first generation original shot, or some may be the 2nd generation image taken directly from the negative - either way, the transparencies are the original image used to print the postcards. In other words, these images would all be the master file images from the postcard company.

So my question is, what copyrights would apply to the images in a company name with the company long out of business? And is it a bad idea to assume no one cares since no one appears to have wanted the master images I now own? Though it is possible that the owner of the images passed away and that's how the images ended up at auction in an estate liquidation. Do I need to track down someone from the original company to seek permission, or find an heir? Or does my legally acquired ownership of the original images constitute my rights to publish / sell / grant rights, etc.?

I am grateful for any information on this.

Roscoe

Are you located in Ohio, Roscoe? If not, what is the name of your state?

To answer one question right away: It is always a bad idea to assume that "no one cares" about the rights in creative and original works. It is better to assume that all works are rights-protected and that there are rights-holders out there who need to be contacted for permission to use the works.

When you acquire an original and creative work, all you are acquiring is the work itself. You become owner of the single work but no intellectual property rights are transferred. The copyrights must be explicitly transferred (in a written transfer, signed by the copyright holder) for you to become both owner of the work and new owner of the copyrights ...

... with a few exceptions.

The postcards and transparencies you acquired are older. If these images were created before 1978 and lacked proper copyright notices, for example, and the copyrights were not restored, the images would now be in the public domain* - allowing you the right to copy the postcards, and make prints from the negatives, for sale to the public. If the images were originally published between 1923 and 1963 and the copyrights were never renewed, the images would also be in the public domain and free for you to copy and sell. Other exceptions may apply.

In other words, you have some more investigating to do.

The Aladdin Studio may have closed its doors but the copyrighted works the Studio held did not lose their copyrights with the closure. There is probably a copyright holder somewhere. It might be a difficult task to locate the rights-holder but the difficulty does not eliminate the need to do it, to either secure all rights in what you acquired at the auction or to learn if the postcards and transparencies are no longer protected under copyright laws.

Good luck.



*Copyright Term and the Public Domain in the US: http://copyright.cornell.edu/resources/publicdomain.cfm

 

[Roscoe02]

Wow what great information. I'm grateful for it.

FlyinRon - typically, with some exceptions, auction houses / estate liquidators, don't easily reveal the consignor of items. Also, even if they did in this case, these images could have changed hands numerous times and been part of an antique dealer's estate liquidation, or, believe it or not, been consigned by someone who found them at Goodwill.

------

Quincy - I am from Ohio. And you gave me some great places to start . I did check the copyright web site and searched post 1978, and I got no results, but that would only cover a fraction of the collection, and I realize that if there are copyrights, maybe they are under a different name (?).

As for the pre-1978, I opened a few of the PDF volumes to search, haha, but I haven't even figured out how to even find the volumes to search.

I actually have no intent to duplicate or publish these images. But I do intend to sell them to others who may want to do that. I just wanted to include in my description the copyright status, as I feel it could significantly affect a buyer's interest.

That said, if you, or someone you are aware of, can provide the service to definitively get the information, I would possibly be interested Unless, of course, the cost would end up to be excessive.

 

[Zigner]

I actually have no intent to duplicate or publish these images. But I do intend to sell them to others who may want to do that. I just wanted to include in my description the copyright status, as I feel it could significantly affect a buyer's interest.

Are you saying that you wish to sell the actual transparency? Or are you saying that you wish to sell the image that's on the transparency?

 

[quincy]

Wow what great information. I'm grateful for it.

FlyinRon - typically, with some exceptions, auction houses / estate liquidators, don't easily reveal the consignor of items. Also, even if they did in this case, these images could have changed hands numerous times and been part of an antique dealer's estate liquidation, or, believe it or not, been consigned by someone who found them at Goodwill.

------

Quincy - I am from Ohio. And you gave me some great places to start . I did check the copyright web site and searched post 1978, and I got no results, but that would only cover a fraction of the collection, and I realize that if there are copyrights, maybe they are under a different name (?).

As for the pre-1978, I opened a few of the PDF volumes to search, haha, but I haven't even figured out how to even find the volumes to search.

I actually have no intent to duplicate or publish these images. But I do intend to sell them to others who may want to do that. I just wanted to include in my description the copyright status, as I feel it could significantly affect a buyer's interest.

That said, if you, or someone you are aware of, can provide the service to definitively get the information, I would possibly be interested Unless, of course, the cost would end up to be excessive.

The Copyright Office will conduct a search for you for a fee, but it is possible that the copyrights were never federally registered. You could inquire about the hourly cost at: http://www.copyright.gov/circs/circ23.pdf

If you believe the transparencies might have some historical value (e.g., old buildings, old cars, old clothing, events), you could inquire at a historical society/historical museum. They could perhaps help you discover the copyright holder or direct you to someone who can.

There are probably those still around who were connected with the old Aladdin Studio who might have some information. Aladdin might have purchased the copyrights from assorted photographers, which would be nice ... because then you do not have to do a longer search for each individual photographer who might have contributed to Aladdin's collection.

If you do not intend to duplicate any of what you acquired, the copyright status is not as important. You can re-sell what you have without an issue. Copyrights only become an issue if you wish to copy the works or make prints. I agree with you, though, that a purchaser might find more value in what you have if the ownership of the rights were clear.

Good luck.