On 2016/12/22 10:55 AM, Stu wrote:
> Without tracking down the original copyright you will never know, People seem to use this excuse all the time without looking into it, they just assume that because the artwork was copyrighted 30 yeas ago that it now must be "public domain"...The original Copyright owner could have renewed the copyright 10 years ago, making it illegal to use for another 30-75 years....Without looking into the specific copyright you can get into some serious financial trouble.
>
> I did a ton of Graphic Design work for Fender Guitars ( Packaging ) and I created a little Alien guy playing a guitar and one playing bass for some of their packaging and having a ton of experience in Logo/Identity Design I sent printouts to my self and never opened them. Then, some idiot copied the Alien Logo, filed a copyright for the designs with the state, and then filed a Copyright Infringement against Fender for it. Fender's Insurance company paid a $50,000 payoff to this guy and then contacted me to try to recoup the funds from my company. I contacted my insurance company and sent them the unopened envelopes, for which they opened them in front of a judge who ruled it as My Copyright. Needless to say my insurance company never had to pay the $ 50,000 and I was awarded the copyright back. People really try to take advantage of other people's work, and copyright infringement lawsuits are a very common thing these days.
>
> People use the excuse " I found it on a google search so it must be Public Domain". It's Not.
>
> Best way to look at this is: If YOU didn't create the Artwork then You have NO Right to use it. Period, End of Story.
>
> On Thursday, December 22, 2016 at 11:24:51 AM UTC-7,
jsthom...@gmail.com wrote:
>> But copyrights have term limits ... Surely some older artwork must now be in the public domain?
>
You need to read up on the various copyright laws and the changes over
the years. The terms have grown a lot over the years and I fully expect
when the Disney Copyrights next come up for expiration that the
copyright law will again be changed to extend the protection.
Copyright law prior to 1978 said explicitly that the item was only
copyrighted if it had both the YEAR AND the word COPYRIGHT (or the
symbol) on the published art object. If this was not done then the item
entered Public Domain AUTOMATICALLY as soon as it was produced and sold
or shipped to end consumers. Gottlieb started Copyrighting around 1973,
although some of their booklets and schematic products were copyrighted
even earlier. Williams and Bally did start copyrighting their games
around 1974 and by 1976 all games were copyrighted. These copyrights are
easy to find if you go to
archive.org and search the public copyright
files. You are looking for "Works Of Art" publications and download the
text or pdf version and then search for various game names - for
Williams I suggest you look for Seeburg (owner of Williams) as there are
fewer typos in the scan for Seeburg than for Williams.
1977, 76, & 75 has all Williams games produced as copyrighted, nothing
prior to 73 that I can find.
After 1978 the rules changed, but they did not affect anything that was
already in Public Domain. Your example is fine, for protecting yourself
AFTER 1978, but that is not the period I am talking about.
I've posted before on this topic, I don't want to retype it all again. I
had posted a number of links of how US copyright law worked back then.
After 1978 it is a bit murky as a company could file for copyright
protection within five years of production, but after around 1988
EVERYTHING is automatically copyrighted regardless if it was registered
or not.
Works for Hire (your example sounds like this) were owned by the company
not the individual, which is not always the case in other countries...
I am not advocating breaking the law, I am just saying that lots of
pinball artwork stuff from 1972 and prior is actually public domain and
no-one has any rights to it.
It affects my company in that we rent games to the film industry and the
lawyers at Scientific Games claim they own the rights to games made in
the 1930s even - when clearly they were public domain as US Copyright
law of the day as never had been copyrighted in the first place. They
want $2500USD per game for clearance and so NO Williams or Bally games
are appearing in any productions these days due to their copyright claims.
Gottlieb LLC and the other pinball folks (Stern for another) are far
friendlier to productions - they like having their names out there...and
for that I thank them!