Copyright On Old Magazine Ads And Pictures?

The ads are probably protected by trademark. Even brands that have long been defunct are often still owned by their parent companies or possibly whoever took the assets on sale or bankruptcy. For example America Motors Company, (the main example I know being a car guy) is a trademark owned by Chrysler Corp even though AMC has not produced a vehicle since the mid 80's, which means Chrysler also owns the trademark for Hudson and Nash which where the two car companies that merged in the late 50's to form AMC. Chrysler still receives licensing fees for use of those trademarks even though those companies have not been in operation for many decades.

Rose, I too have several old magazines and have found out that you may sell the ad Only if it's cut out of the publication physically. You cannot upload the image for use as prints. I believe David is correct.

Probably need a lawyer to advise you on this although David is right as far as I can tell. Of course, judging by some of the accounts here, a few folks seem to be living by the "ask forgiveness later" principle. I don't think it's worth it.

its more about trademark than anything else. your safe, its over the 70 year mark, yet the trademarks in the ads can still get you because they may still be in business. however it might be easier to take a chance on them because they are so old.

---Mike Savad
MikeSavad.com

If any of the companies are still in business or have been bought by any existing company, why not simply contact them and ask?

Chuck said what I was thinking. These days asking for permission is just a matter of just sending an email with the image and your intended use to the trademark owners. Easy.

And no lawyer needs to be consulted!

Rose here is a link that might answer your question.
http://www.avvo.com/legal-answers/re-producing-old-advertisements-that-are-trademark-52957.html

I thought that trademarks were ok in fine art prints. As long as you are not using the trademark to sell other merchandise like phone cases, t shirts, coffee mugs etc.....

yes and no. i think you can more easily get away with it, yet they can still have you take it down. its usually not worth the risk, but it still depends on who they are. bmw, porche, disney, etc, might have you take it down, if they knew about it or cared. but a lot of these companies don't exist today, however the photography in them may still be copyrighted despite the age. as long as they renewed it at the right time. its best to do research on each one to see what is what.


---Mike Savad
MikeSavad.com

Thanks so much, everyone! It sounds like the Ads are a "no go"...but perhaps the pictures in articles might be okay if they are over a certain age. I will check more on that. I hadn't thought about the Trademark aspect. God bless!