Re: copyright

From: gyoungblood (email suppressed)
Date: Mon Feb 18 2008 - 06:26:03 PST

Jim, this is fantastic. Thanks so much. This list is a truly invaluable asset because of the generosity of the people who constitute it.

A final question: if Kunkin and/or New Way Enterprises does hold the copyright, what does that mean? I intend to get releases for film stills and certain ads, but what about graphics (illustrations or ads) that are not signed by anyone and have no copyright C on them? For example, I want to put the logo for my columns -- a kind of surrealist eyeball -- on the front page of the book. It was not copyrighted by the designer and his name was never attached to it. Does that mean Kunkin can grant me permission to reprint it?

Another case would be full-page rock concert ads like John VanHammersveld's famous Jimi Hendrix poster that was printed as an ad for the concert. Everyone knows he drew it, but the ad itself is not copyrighted by him in the Free Press, unlike Ron Cobb who copyrighted each of his cartoons.

  ----- Original Message -----
  From: Jim Carlile
  To: email suppressed
  Sent: Monday, February 18, 2008 4:01 AM
  Subject: Re: [FRAMEWORKS] copyright

  I had a little time tonight and did a quick search of whether or not the Library of Congress actually had copies of the L.A. Free Press, regarding Gene's original question about copyright.

  They do.

  What this means is that Art Kunkin must have abided by the deposit requirement of the pre-1978 copyright law, and he actually sent the LC the required copies. So, if the 'C' notice is on the issues, the papers were indeed copyrighted, and are still in copyright.

  As before, these online public domain charts are actually omitting a very important condition of pre-78 copyright-- the requirement to send the LC the two-copy deposit. Without that, the copyright was void. This is as I remember it back then, but the charts now only say something like, 'with notice, copyright is in effect,' when in fact, it was notice AND deposit.

  This could be a wrinkle for some creators, who may not have done so. So if the LC doesn't have pre-78 copies of PUBLISHED works, they might be in public domain-- because they always were. This does not apply to unpublished works, which the '78 law automatically put into copyright without any conditions.

  If in doubt, check the LC catalog-- for most things, copyright is the reason why the LC has them.

  It's an interesting topic because it may be that much "published" pre-'78 ephemera was never in copyright at all, even if their creators think it is now.

  Los Angeles free press.
        LC Control No.: 79008348
        LCCN Permalink:
        Type of Material: Serial (Periodical, Newspaper, etc.)
        Main Title: Los Angeles free press.
        Variant Title: Introductory issue published as: Faire free press May 23, 1964
        Running Title: Free press
        Serial Key Title: Los Angeles free press
        Published/Created: Los Angeles, Calif. : Art Kunkin, 1964-1978.
        Description: v. : ill. ; 15-47 cm.
       Vols. for <1969-> issued in 2 pts.
       Issues for <Oct. 9, 1970-May 9, 1975> called also <issue no. 325-564>.
       Vol. 1, no. 1 (May 25, 1964)-v. 15, no. 12 (Apr. 3, 1978).
        Current Frequency: Weekly
        ISSN: 0024-6573
        Cancelled/Invalid LCCN: sn 78001603
        Notes: Published by: New Way Enterprises, <Vol. 10, no. 36 (Sept. 7, 1973)-vol.11, no. 32 (Aug. 9, 1974)>.
       SERBIB/SERLOC merged record
        Additional Formats: Available also on microfilm from University Microfilm (Underground Newspaper/Press Collection) and Bell & Howell Co.
       Microfilm (OCoLC)9285554
       Microfilm (OCoLC)7524708
        Subjects: Underground press publications--California--Los Angeles.
       Los Angeles (Calif.)--Newspapers.
       Los Angeles County (Calif.)--Newspapers.
       United States--California--Los Angeles--Los Angeles.
        Form/Genre: Underground newspapers--California--Los Angeles. ngl
        LC Classification: AP2 .L813
        Dewey Class No.: 051
        Postal Registration No.: 319520 USPS
        Other System No.: (OCoLC)ocm01695797
        Geographic Area Code: n-us-ca
        Quality Code: lc nsdp

  Delicious ideas to please the pickiest eaters. Watch the video on AOL Living.
  __________________________________________________________________ For info on FrameWorks, contact Pip Chodorov at <email suppressed>.

For info on FrameWorks, contact Pip Chodorov at <email suppressed>.