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User:Light show/Irving Berlin photo

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Comments about the Irving Berlin photo DR:

  • With regard to publication dates of publicity photos in general, seeing that the book may not have been the correct source, and with reference to Film still, according to U.S. copyright law, it is not actually necessary to have an image made for publicity reproduced in any publication to be considered published:

A photograph is also published when copies of that work are offered to a group of persons for the first time for purposes of further distribution or public display.[1][2]

  • According to general copyright requirements:

Between 1926 through 1977, any works published without a copyright notice are in the public domain due to failure to comply with required formalities. [3]

  • Examples of publicity photos of Irving Berlin published without a copyright notice between 1926 (or earlier) and 1977, with many showing actual use in news stories and reverse of photo:

1. Photo subject to this DR: [3]. Since he would have been 80 in 1968, when that show was aired on Ed Sullivan, it's apparent that they used an earlier photo.
2. [4]
3. [5]
4. [6]
5. [7]
6. [8]
7. 1922
8. 1907
9. 1948
10. 1954 news photo
11. 1962
12. 1945 news photo
13. 1957 press photo

Hopefully those will support the image as being in the public domain, while most or all of the examples could also be PD. --Light show (talk) 18:24, 25 July 2021 (UTC)

References

[edit]
  1. ^ [1]
  2. ^ [2] Copyright Registration of Photographs, U.S. Copyright Office
  3. ^ Copyright Term and the Public Domain in the United States, Cornell University Library COPYRIGHT INFORMATION CENTER
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