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Legal
This is a general
discussion of images in the public domain. For terms of use
of this site and content of this site, visit our
Terms of Use.
In the US, greeting cards and postcards
published previous to 1923 that do not contain a valid
trademark are in the public domain. From 1923 to 1978,
greeting cards and postcards that do not have a valid
copyright notice (C or Copr or Copyright) are in the public
domain if the failure to provide copyright notice was not
rectified within a short time frame after publication and
there is no trademark (1909 Copyright Act). During
that same time (1923-1978), greeting cards whose copyright
expired are in the public domain if the copyright has not been
renewed and there is no valid trademark. After 1978, the
laws changed, protecting pretty much everything that was
original for a long, long time, with or without a copyright
notice. Copyright laws may be different in countries outside
the US.
Mechanical or rote digital
reproduction of public domain images does not create any new
rights to that image according to US law as established by
precedent on the federal district court level. Interpreted,
that means scanning an image or copying an image does not
give an individual, corporate or public body a new
copyright. (Bridgeman
Art Library v. Corel Corp., 36 F. Supp. 2d 191
(S.D.N.Y. 1999)
For a more detailed discussion
go to
www.publicdomainsherpa.com.
For a handy copyright
calculator, click
here.
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