old posters no copyright! Reproduce?

[greenthumbs]

What is the name of your state? Oregon

I have a collection of late '60's and early '70's posters, all original. I would like to reproduce some of them for sale. Most have a visable copyright, but a few do not. One set in particular is a silk screen print on paper, with no artist signature, year of make or copyright. It is my impression, this is possibly one of a kind. What are my legal rights to reproduce this set for sale?

Can I reproduce any of these posters without copyright information, (all pre-'80).

Is there a way for me to find out if anyone has established a copyright on these posters since their origination?

Is it possible to get the copyright in my own name if none currently exist on these posters to date?

Other prints have only the name of a lithograph company, does this imply a copyright, or must it be registered?

Is there a timeline for expiration on any of the copyrighted prints or are the copyrights perpetual?

An answer to any or all of my questions would be greatly appreciated, as this has been a query for quite some time.

Thank you.

 

[divgradcurl]

Can I reproduce any of these posters without copyright information, (all pre-'80).

1. No. The lack of a copyright notice does not imply lack of a copyright. The copyright in these works is undoubtedly held by someone, unless they have been explicityly released into the public domain.

Is there a way for me to find out if anyone has established a copyright on these posters since their origination?

2. There is probably not an easy way to find out. I guess you could always reproduce the posters and wait to get sued! Seriously, if there is an author's name or publisher info on the poster, that's a start. If not, you will have to do significantly more investigative work to find out identity of the owner.

Is it possible to get the copyright in my own name if none currently exist on these posters to date?

3. The only way to obtain copyright to a work you did not create is to purchase it from the owner.

Other prints have only the name of a lithograph company, does this imply a copyright, or must it be registered?

4. No, this does not imply that the litho company owns the copyright. They may own it, or they may have licensed the reproduction rights from the owner. That at least gives you a start in figuring out who to contact.

Is there a timeline for expiration on any of the copyrighted prints or are the copyrights perpetual?

5. Copyrights are not perpetual, but they might as well be. I think the current length of a copyright is around 95 years (I could look it up later if you are really interested).

You do not have to have a copyright notice for a work to be copyrighted, nor do you have to register a copyright with the copyright office, although doing so gives you some further protections. A creative work is automatically creates a copyright in the creator as soon as it is "fixed in a tangible format."