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Any Information On Copyright Of Image On Trading Stamps?

 
 
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Posted 05/24/2019   8:40 pm  Show Profile Bookmark this topic Add stampart to your friends list Get a Link to this Message
I am looking for information and confirmation regarding the copyright of the images used on S&H, Top Value, Gold Bond, and any other trading Stamps issued.

Are these images copyright free, in the public domain, or not available for use/reproduction? Wikipedia does not seem to have the answers.

Thanks for any leads.

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Posted 05/25/2019   5:58 pm  Show Profile Bookmark this reply Add codehappy to your friends list  Get a Link to this Reply
To get any specific legal answers or advice you'll have to consult an IP attorney.

But speaking generally: In the USA, any creative work published before 1978 (when the copyright law changed) without bearing a legal copyright notice is by default in the public domain. If the trading stamps were produced before 1978 and do not bear a copyright notice, their designs are almost certainly public domain in the United States (of course, the law will vary in other countries.)

While reproducing the designs may not infringe on copyright, depending on what you do with them, it could still infringe on trademark rights.
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Posted 05/26/2019   10:08 am  Show Profile Bookmark this reply Add stampart to your friends list  Get a Link to this Reply
Thanks for that info.
US pre1978 are no problem to me, it's the trading stamps I am still looking for specifics on.
I appreciate your reply. Thank you.
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Posted 05/27/2019   03:18 am  Show Profile Bookmark this reply Add khj to your friends list  Get a Link to this Reply
Quoted from https://fairuse.stanford.edu/overvi...ain/welcome/


Quote:
Under copyright laws that were in effect before 1978, a work that was published without copyright notice fell into the public domain. If the work did not include the word "Copyright" or a (a "c" in a circle) and the name of the copyright owner, the work would enter the public domain. This rule was repealed; copyright notice is not required for works first published after March 1, 1989 (although works first published prior to that date must still include notice). Just because you find a copy of a book without a copyright notice doesn't mean that the work is in the public domain. It's possible that the copy you are viewing is unauthorized or that the notice has only been removed from a very small number of copies, both of which are excusable. It is also possible that the author followed a copyright law procedure for correcting the error. And, if you're using text from a journal, anthology, newsletter, or magazine published before March 1, 1989, check to see if there is a copyright notice either for the individual article or for the whole publication. Either type of notice will prevent the work from falling into the public domain.


So, my understanding (I'm not a lawyer) is that they are not required to have the "" on every single trading stamp that was printed prior to 1978 -- only somewhere on the full roll/sheet. Indeed, USPS had it printed on the pane selvedge.

As Codehappy also pointed out, trademark protection may also need to be considered.
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Edited by khj - 05/27/2019 03:22 am
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Posted 05/27/2019   06:08 am  Show Profile Bookmark this reply Add stampart to your friends list  Get a Link to this Reply
Great information found in supplies link, Will review in greater detail.
I appreciate your reply. Thank you.
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Posted 05/27/2019   09:32 am  Show Profile Bookmark this reply Add redwoodrandy to your friends list  Get a Link to this Reply
Most helpful.
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Posted 05/27/2019   12:12 pm  Show Profile Bookmark this reply Add cjpalermo1964 to your friends list  Get a Link to this Reply
Determining whether a work such as this has the level of creativity required to confer copyright, and whether the author performed all required formalities under the 1909 Copyright Act, usually is impossible. This is the "orphan works" problem that vexes many a publisher. It is often more productive to presume that the work is protected, and then (a) determine if the four-factor fair use test allows your proposed use, and/or (b) assess the risk that the author or present copyright owner actually would assert a claim based on whether the entity can be found and/or is still in business.
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