Discussion:
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?
New York
I have some old magazines ( LIFE ) from the 1940's. The magazines contain some really nice old advertisments for products that would make great posters.
I want to reproduce (print copies) of the ad pages and sell them as posters. Are the ads considered public domain. Do I need the permission of the advertiser? An example is: a wiskey manufacturer's 1940 ad would make a great poster for a home bar. Can I reproduce it from the 1940's magizine and sell the posters?
Thank You Dan
Answer:
Are the ads considered public domain. Only if they are printed without any sort of copyright notice, like the "c" in the circle. If they were printed in the 1940's without notice, then they ar ein the public domain. The notice may not necessarily be on the page with the ad, it may be in the front of the back of the magazine as well. If they do have notice, then they are in the public domain only if the copyright owner failed to renew the copyright -- you can check with the copyright office, , to check the renewal records. If the copyrights were renwed, then they are not public domain.
Furthernore, if the ad contains a name or logo that is trademarked, well, trademarks don't ever expire if they are correctly used. So even if an ad is in the public domain, if it contains an active trademark, then you will still need permission to commercially use it. Check to see if the trademarks are active.
Do I need the permission of the advertiser? If the ad is still covered by copyright, then yes. If the ad is in the public domain, but uses an active tradmeark, then yes. Otherwise, probably not.
Can I reproduce it from the 1940's magizine and sell the posters? If the ads are in the public domain, yes.