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World War 2 era copyright

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claycad82

Junior Member
Hello, I am intending on using WW2 propaganda posters in an advertising campaign. Basically using the same image as the original but changing the "Buy War Bonds" slogans to say something different.

Would WW2 propaganda posters be considered public domain? I'm sure it would depend on what poster in general, but being that the US government probably owned the rights to them back then and not the individual artist, would they have renewed the copyright on them? My understanding is anything created prior to 1964 is fair use as long as the copyright has not been renewed, while anything created before 1924 is always public domain.

Also, since I would be changing the text of the poster, could this be considered a parody and be covered under fair use law by being a parody?
 


quincy

Senior Member
Hello, I am intending on using WW2 propaganda posters in an advertising campaign. Basically using the same image as the original but changing the "Buy War Bonds" slogans to say something different.

Would WW2 propaganda posters be considered public domain? I'm sure it would depend on what poster in general, but being that the US government probably owned the rights to them back then and not the individual artist, would they have renewed the copyright on them? My understanding is anything created prior to 1964 is fair use as long as the copyright has not been renewed, while anything created before 1924 is always public domain.

Also, since I would be changing the text of the poster, could this be considered a parody and be covered under fair use law by being a parody?
What is the name of your state, claycad82, or, if not in the US, what is the name of your country?

Works prepared by the US government, or by an officer or employee of the US government as part of that person's official duties, are in the public domain. The US Treasury Department created the war bond posters. You can use them.

Public domain materials, as a note, are also works created prior to 1923, and works created between 1923 and 1963 if the copyrights were not renewed. And there are other ways that works have become public domain material.

Parodies are hard to pull off successfully but, yes, "parody" is one of the fair use defenses available to an alleged infringer in a copyright infringement lawsuit.
 

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