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dkbdaddy
Guest
What is the name of your state? North Carolina
I've collected several hundred concert flyers/handbills from obscure punk rock shows that took place in the late '70s/'80s. I got them from record stores (go into any record store and you usually see a pile near the door free for the taking). I also got them from clubs, handed copies by band members on Sunset in Hollywood, or given a "copy" by high-school friends. I used to play in bands myself and would often make up a flyer, give copies to friends and ask them to make copies and pass some out. That's how we promoted back then. In S. California during the era these things were being copied and distributed by the thousands this way. I know from collectors of "originals" that I have some flyers that may be the only ones left in existence, therefore they contact me for "copies". I use quotes around originals and copies because the "originals" I have are first, second, third, or even later generation copies. None of them have any copyright information on them. Some, but not many, have an artist's signature. I don't think anyone knows who created many of them except perhaps the person who created it.
They are now in very poor shape, with creases from being folded, tape residue from being hung on walls, corners torn, staple marks and pin holes, beer stains, footprints... you get the idea. They are now in great demand and very rare.
I've been restoring them by scanning, manipulating them with graphics software, applying filters, etc. and can sometimes create a copy that looks better than the "original" I started with. I don't simply make a photocopy. Each flyer/handbill takes me several hours to get ready for reproduction. For the past year I've been successfully selling the reroductions on eBay with no problems. In fact have not been questioned about copyright infringement from anyone on eBay.
Recently I've been getting customers that clearly intend to use my flyers for selling T-shirt transfers, books about punk music, etc. This is what I intended to do when I can afford too.
I have four questions. Am I correct to believe that these "original" flyers are public domain since they where created prior to 1989, do not have any copyright notices on them, and were intended for free distribution and copying or is there a presumed copyright on material like this?
Can I copyright MY work to discourage individuals from using my 20+ years of collecting and restoring for their own profit?
If I can copyright my work, do I have to register each individual flyer or can I copyright the entire collection that I restored?
I appreciate any input, suggestions, etc.
I've collected several hundred concert flyers/handbills from obscure punk rock shows that took place in the late '70s/'80s. I got them from record stores (go into any record store and you usually see a pile near the door free for the taking). I also got them from clubs, handed copies by band members on Sunset in Hollywood, or given a "copy" by high-school friends. I used to play in bands myself and would often make up a flyer, give copies to friends and ask them to make copies and pass some out. That's how we promoted back then. In S. California during the era these things were being copied and distributed by the thousands this way. I know from collectors of "originals" that I have some flyers that may be the only ones left in existence, therefore they contact me for "copies". I use quotes around originals and copies because the "originals" I have are first, second, third, or even later generation copies. None of them have any copyright information on them. Some, but not many, have an artist's signature. I don't think anyone knows who created many of them except perhaps the person who created it.
They are now in very poor shape, with creases from being folded, tape residue from being hung on walls, corners torn, staple marks and pin holes, beer stains, footprints... you get the idea. They are now in great demand and very rare.
I've been restoring them by scanning, manipulating them with graphics software, applying filters, etc. and can sometimes create a copy that looks better than the "original" I started with. I don't simply make a photocopy. Each flyer/handbill takes me several hours to get ready for reproduction. For the past year I've been successfully selling the reroductions on eBay with no problems. In fact have not been questioned about copyright infringement from anyone on eBay.
Recently I've been getting customers that clearly intend to use my flyers for selling T-shirt transfers, books about punk music, etc. This is what I intended to do when I can afford too.
I have four questions. Am I correct to believe that these "original" flyers are public domain since they where created prior to 1989, do not have any copyright notices on them, and were intended for free distribution and copying or is there a presumed copyright on material like this?
Can I copyright MY work to discourage individuals from using my 20+ years of collecting and restoring for their own profit?
If I can copyright my work, do I have to register each individual flyer or can I copyright the entire collection that I restored?
I appreciate any input, suggestions, etc.