COPYRIGHT SUMMARY

Public Domain.  Since they lack copyright protection, images in the public domain may be freely used. 

Books pre-1923.  The copyright of book illustrations expires with the copyright of the text.  The full content of books (text and illustrations) published before 1923 are in the public domain. 

Books, 1923-1977.  If a book published between 1923 and 1977 was issued without a copyright notice (specifically, the word “copyright” or the symbol "©"), its contents do not enjoy copyright protection. 

Books, 1978-1989.  Books which were neither published with a copyright notice nor were subsequently registered from 1978 to March 1, 1989, are in the public domain.

            Limited appearance.   Typically an image’s screen time or the degree to which it is recognizable does not reduce a filmmaker’s need for use permissions.  However, in the case of Sandoval v New Line Cinema Corp., (2d Cir. 1998), the court ruled that if artwork “appears fleetingly, is obscured, out of focus or virtually unidentifiable, permission is not required because the use is too small” (Sim, 3rd ed., 100). According to Stim, “As a general rule, permission should be obtained if the artwork is recognizable with sufficient detail so that the average viewer can clearly see the work.” (3rd ed., 100)

            Fine art.  Images of fine art can be more complicated because the artwork is owned. “Regardless of the copyright rules … you may have to pay to use a photo owned by a museum, gallery, or image bank. In some cases, you may have to sign an agreement promising that you won’t reproduce the photographic image other than for the agreed purposes. Such an agreement may not be legally enforceable – for example, if you use an exact photographic reproduction of a public domain work without anything added by the photographer to create a separately copyrightable work. However, … paying for photo reproductions of artwork is often a practical necessity” (Stim, 3rd ed., 84).

The Center for Social Research explains alternative ways of securing copyright:  “Public domain works (such as 19^th century paintings or medieval manuscripts) in museums or private collections are free for use as well, if you have access to a reproduction. Many institutions claim copyright in their own photographs of old objects in their collections. But if you have a different source, you’re free to proceed, without a license from the collection.” (Note that the Documentary Filmmakers’ Statement of Best Practices in Fair Use by the Center for Social Media has been adopted into business practice by public television, including the Public Broadcasting Service.)  Stim suggests looking through image banks to find high-quality copies of copyrighted and public domain fine art (Stim, 3rd ed., 84).

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