Reproduce and Sell Ads within Public Domain

[SMRobel]

What is the name of your state (only U.S. law)? Alaska

I have magazine ads dating prior to 1922 that I would like to scan and edit into a postcard and/or sell copies. Both companies represented in the ads have dissolved (one in the early 1930s and the other in 1971). From my understanding these ads are within the public domain (dates are: 1912, 1915, 1916, 1917, etc.). May I sell copies of ads within the public domain? May I reformat the ads onto a postcard and sell them? Is there a trademark issue even though both companies no longer exist (and haven't for almost 50 years or more)? Thank you!

 

[quincy]

What is the name of your state (only U.S. law)? Alaska

I have magazine ads dating prior to 1922 that I would like to scan and edit into a postcard and/or sell copies. Both companies represented in the ads have dissolved (one in the early 1930s and the other in 1971). From my understanding these ads are within the public domain (dates are: 1912, 1915, 1916, 1917, etc.). May I sell copies of ads within the public domain? May I reformat the ads onto a postcard and sell them? Is there a trademark issue even though both companies no longer exist (and haven't for almost 50 years or more)? Thank you!

If the trademark is still in use, even if the companies have been dissolved, then there could be a trademark issue. For example, if a new company bought out the old company and is still marketing the old company's products, that could potentially infringe on the rights of the trademark holder.

If, however, the trademark is in fact "dead," and died with the dissolution of the companies, and the products are no longer being marketed by another company under the same name, I see no problem with your plan to scan and edit the magazine ads, make postcards out of the ads, and sell them. The magazine ads themselves would no longer be copyright-protected.

There was a lawsuit not all that long ago filed by a company against an individual who was reproducing antique signs. Although the signs were old, the trademark displayed on the signs was still in use by the company. I can't remember the details (I could check it out) - but I don't think the facts of that case apply to what you want to do anyway.

You appear to have investigated the matter already, which is good, but to be absolutely sure there are no lingering rights in the ads, you can have the specific ones you want to use looked at by an IP attorney in your area. I know that public domain photographs are often converted into postcards with nice results.

Good luck with your business.