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File:Paul Malvern (1944).jpg

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Summary

Description
English: Photo of Paul Malvern and Glenn Strange (as Frankenstein) behind the scenes of the film House of Frankenstein (1944)
Date
Source eBay
Author Unknown authorUnknown author
Permission
(Reusing this file)

Note: Auction notes still was acquired from a "closed movie house" in Brooklyn, New York. While a search with the Copyright Catalog (1978 to present) shows copyright renewals for published versions of the film House of Frankenstein (such as film reels, video cassettes, etc.), it produces no copyright renewals or registrations for any promotional or photographic artworks related to the film or its production; therefore, even if the photograph did bear a copyright, it is presumed expired. Copyright renewal was required by American copyright law to extend/maintain protection for works published in 1963 or earlier. In order to maintain copyright protection, the poster would have had to be renewed 28 years after publication. If not renewed, copyright lapsed at that time.

Furthermore:

English: This is a publicity still taken and publicly distributed to promote the subject or a work relating to the subject.
  • As stated by film production expert Eve Light Honathaner in The Complete Film Production Handbook (Focal Press, 2001, p. 211.):
    "Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary."
  • Nancy Wolff, in The Professional Photographer's Legal Handbook (Allworth Communications, 2007, p. 55.), notes:
    "There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them."
  • Film industry author Gerald Mast, in Film Study and the Copyright Law (1989, p. 87), writes:
    "According to the old copyright act, such production stills were not automatically copyrighted as part of the film and required separate copyrights as photographic stills. The new copyright act similarly excludes the production still from automatic copyright but gives the film's copyright owner a five-year period in which to copyright the stills. Most studios have never bothered to copyright these stills because they were happy to see them pass into the public domain, to be used by as many people in as many publications as possible."
  • Kristin Thompson, committee chairperson of the Society for Cinema and Media Studies writes in the conclusion of a 1993 conference of cinema scholars and editors[1], that:
    "[The conference] expressed the opinion that it is not necessary for authors to request permission to reproduce frame enlargements... [and] some trade presses that publish educational and scholarly film books also take the position that permission is not necessary for reproducing frame enlargements and publicity photographs."
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: Paul Malvern and Glenn Strange (1944).jpg
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Licensing

This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.

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Paul Malvern

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current01:48, 27 July 2022Thumbnail for version as of 01:48, 27 July 2022637 × 890 (131 KB)Drown SodaUploaded a work by ffffffff from ffffff with UploadWizard

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