Legal Question About Copyright

Sometimes the public domain status of an image is related to who makes the image. For example, almost all of NASA's images are public domain, simply because NASA is a publically tax funded agency, and so the idea is that since all our money helps sustain it, then all its pictures are partially everybody's.

Same with many U.S. government photos, and other photos associated with tax supported dollars.

Some artists voluntarily place their works into the public domain. I see such works regularly at Wikipedia.org.

I forgot the general rule about years that you are asking about on other photos that might not fit these categories I just described.

This is NOT a legal opinion. I am NOT a lawyer. This is a partial statement of my current understanding.

The issue of public domain status can become complex in some cases, and THIS is when a lawyer's opinion can come in handy.

I'm sure others will chime in shortly on the topic.

The distinction of "derivative works", that is what I think you are referring to when you ask "how many filters does it take", does not have a hard and fast answer. The reality is that if the copyright owner feels his/her work has been infringed on by a derivative work, it may take a court to determine if the changes truly make it derivative.

Keep in mind that the laws on these things vary greatly from country to country. What I just said may have a clearer definition in Switzerland.

You should always seek advice from a qualified attorney that specialises in copyright law.

Any other responses are pure conjecture and not to be taken as advice in any way

You brought up 2 things. One has to do with when an image falls out of copyright and the other is how different does a copy have to be before it is a derivative. So as to copyright length, there is no set time rule that is reliable, except for some early 20th century works that all fell out of copyright. I think that is 1923. After that the laws changed a few times. Not everything was really copyrighted. Sometimes back in the day promoters did not take steps to protect the art because it defeated the purpose of being promotional. There are any number of reasons work may have fell into the public domain or placed there. Also some artists license the use of an image from the copyright holder or their agent. You can't assume something is an infringement.

Many an artist has both won and lost in court over derivative works. The best way to do it is ask first.

NOT AN ATTORNEY

This is one I rely on a lot:

All works published in the United States before 1923 are in the public domain. Works published after 1922, but before 1978 are protected for 95 years from the date of publication. If the work was created, but not published, before 1978, the copyright lasts for the life of the author plus 70 years.Mar 11, 2014

So I can use Victorian and medieval art and even most Pre Raphaelite work!

And then there's the Creative Commons License:

A Creative Commons (CC) license is one of several public copyright licenses that enable the free distribution of an otherwise copyrighted work. A CC license is used when an author wants to give people the right to share, use, and build upon a work that they have created. CC provides an author flexibility (for example, they might choose to allow only non-commercial uses of their own work) and protects the people who use or redistribute an author's work from concerns of copyright infringement as long as they abide by the conditions that are specified in the license by which the author distributes the work.

There are several types of CC licenses. The licenses differ by several combinations that condition the terms of distribution. They were initially released on December 16, 2002 by Creative Commons, a U.S. non-profit corporation founded in 2001.

But then, I've used a song recorded before 1923 on YouTube and have had it claimed. It wasn't worth the fight, so sometimes it's just who's biggest and meanest.

You can easily go to www.copyright.gov and find all the answers you are looking for. Below are the two most asked question copy and pasted from the copyright site.


How long does a copyright last?
The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.


Do I have to renew my copyright?
No. Works created on or after January 1, 1978, are not subject to renewal registration. As to works published or registered prior to January 1, 1978, renewal registration is optional after 28 years but does provide certain legal advantages. For information on how to file a renewal application as well as the legal benefit for doing so, see Circular 15, Renewal of Copyright, and Circular 15a, Duration of Copyright.

BTW I was well acquainted with Joe Simon, the co-creator of Captain America and also an editor of Marvel , DC comics and the creator of Sick magazine. He told me he created Sick because he wanted to do paradies. His most well known was a parody of Mad Magazines's Alfred E, Newman. Actually it was a pre- 1923 work that Mad had used as a sort of mascot.. He set up Mad to defend it and beat them. Joe loved to talk about copyright. He spent most of his life fighting Marvel over the copyright to Captain America , which he created before Marvel. Marvel said it was a work for hire. After decades they settled secretly. Luckily Joe lived to be well in his 90s and enjoyed some of his earnings and the right to do make his own comics to sell as art. That's what killed him the most. He had to do his own work as parody. Every once in a while someone comes into the forum and mentions how people are copying Marvels copyright. Really, you don't know. There is a story behind every work. I am still in touch with Joe's daughters, who I went to school with.

Only one 100% correct answer here. The one that Abbie gave.

There may very well be exceptions to everything else that has been said here.

I am going to close this and any future copyright queries. Too many people accept what it said in here as fact when it is conjecture and guesswork in the main, and therefore dangerous to take note of.

Representations and Warranties

You represent and warrant that:

(A) You have the full right, power and authority to enter into this Contributor Agreement and to fully perform all of Your obligations hereunder;

(B) You are under no legal disability or contractual restriction that prevents You from entering into this Contributor Agreement;

(C) The Images and all parts thereof are owned and/or controlled by You, unencumbered and original works and are capable of copyright protection in all countries where copyright or similar protection is available;

(D) If the Images contain any human likeness from which an individual may be identified, You own or have acquired all rights to use such human likenesses;

(E) If the Images contain third-party trademarks including design marks, the inclusion of the trademarks is pursuant to license or written consent or qualifies as a lawful use under U.S. intellectual property laws;

(F) The Images are neither obscene nor defamatory and do not infringe the copyright or any other rights of any third party, including, without limitation, trademark rights and the rights of privacy and publicity;

(G) There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect the Images or which might in any way impair the rights granted by You hereunder.

http://fineartamerica.com/termsofuse.html?document=contributortermsofuse

You should always seek advice from a qualified attorney that specialises in copyright law.

Any other responses are pure conjecture and not to be taken as advice in any way