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Publishing a pic of a postage stamp

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Rhine

Junior Member
What is the name of your state? PA

I would like to publish a picture of a U.S. commemorative postage stamp that has a pic of a celebrity(it was part of a series). Do I need to get clearance on this? If so, who would hold the copyright? I've written to the US Postal Service but haven't received a reply.
 


divgradcurl

Senior Member
Rhine said:
What is the name of your state? PA

I would like to publish a picture of a U.S. commemorative postage stamp that has a pic of a celebrity(it was part of a series). Do I need to get clearance on this? If so, who would hold the copyright? I've written to the US Postal Service but haven't received a reply.
The U.S. Postal Service owns the copyright to the stamp, and so you would need to get permission from the postal service to use the image. Although 17 USC 105 notes that works made by the government are not covered by copyright (they are public domain, since you paid for them with your taxes!), the notes from the House when they passed the bill make it clear that the USPS, which is not exactly part of the government, is excluded from 17 USC 105:

"Works of the United States Postal Service. The intent of section
105 (this section) is to restrict the prohibition against
Government copyright to works written by employees of the United
States Government within the scope of their official duties. In
accordance with the objectives of the Postal Reorganization Act of
1970 (Pub. L. 91-375, which enacted title 39, Postal Service), this
section does not apply to works created by employees of the United
States Postal Service. In addition to enforcing the criminal
statutes proscribing the forgery or counterfeiting of postage
stamps, the Postal Service could, if it chooses, use the copyright
law to prevent the reproduction of postage stamp designs for
private or commercial non-postal services (for example, in
philatelic publications and catalogs, in general advertising, in
art reproductions, in textile designs, and so forth). However, any
copyright claimed by the Postal Service in its works, including
postage stamp designs, would be subject to the same conditions,
formalities, and time limits as other copyrightable works."
 

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