LIFE photo archive hosted by Google

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LIFE photo archive hosted by Google

Brianna Laugher
<http://images.google.com/hosted/life>

There is no directly copyright related metadata, but there is a "Date
taken:" field.

1923 is the magic number, is that right?

cheers
Brianna

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Re: LIFE photo archive hosted by Google

Howard Cheng
Yes, exactly. Anything published in the US before January 1, 1923 is
public domain.

Brianna Laugher wrote:

> <http://images.google.com/hosted/life>
>
> There is no directly copyright related metadata, but there is a "Date
> taken:" field.
>
> 1923 is the magic number, is that right?
>
> cheers
> Brianna
>

--
::::::::::::::::::::::::::::::
Howard Cheng
http://www.howcheng.com/
Wise-cracking quote goes here.

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Re: LIFE photo archive hosted by Google

Michael Galpert | Aviary
dont think that applies across the board since some of these images are being published for the first time

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Michael S Galpert
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awesome: Aviary.com

On Tue, Nov 18, 2008 at 11:55 PM, Howard Cheng <[hidden email]> wrote:
Yes, exactly. Anything published in the US before January 1, 1923 is
public domain.

Brianna Laugher wrote:
> <http://images.google.com/hosted/life>
>
> There is no directly copyright related metadata, but there is a "Date
> taken:" field.
>
> 1923 is the magic number, is that right?
>
> cheers
> Brianna
>

--
::::::::::::::::::::::::::::::
Howard Cheng
http://www.howcheng.com/
Wise-cracking
quote goes here.

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Re: LIFE photo archive hosted by Google

David Gerard-2
2008/11/19 Michael Galpert | Aviary <[hidden email]>:

> dont think that applies across the board since some of these images are
> being published for the first time


Really? I thought the published/unpublished distinction didn't affect
that in US law.

(I'm sure someone has full legal details to hand ...)


- d.

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Re: LIFE photo archive hosted by Google

Andrew Gray
2008/11/19 David Gerard <[hidden email]>:
> 2008/11/19 Michael Galpert | Aviary <[hidden email]>:
>
>> dont think that applies across the board since some of these images are
>> being published for the first time
>
> Really? I thought the published/unpublished distinction didn't affect
> that in US law.
>
> (I'm sure someone has full legal details to hand ...)

It is indeed *published* before 1923, though we've been a bit vague
about confirming this in the past. There's a very useful table of such
things here:

http://www.copyright.cornell.edu/public_domain/

However, archives like these are still very useful - if it was made
before 1923 for a news magazine, odds are high it were published quite
promptly, and it's often a lot easier to take their image and confirm
with a pre-1923 source than it is to ferret out the source and scan
from scratch...

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- Andrew Gray
  [hidden email]

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Re: LIFE photo archive hosted by Google

Peter Coombe
11/19 Andrew Gray <[hidden email]>:

> 2008/11/19 David Gerard <[hidden email]>:
>> 2008/11/19 Michael Galpert | Aviary <[hidden email]>:
>>
>>> dont think that applies across the board since some of these images are
>>> being published for the first time
>>
>> Really? I thought the published/unpublished distinction didn't affect
>> that in US law.
>>
>> (I'm sure someone has full legal details to hand ...)
>
> It is indeed *published* before 1923, though we've been a bit vague
> about confirming this in the past. There's a very useful table of such
> things here:
>
> http://www.copyright.cornell.edu/public_domain/
>
> However, archives like these are still very useful - if it was made
> before 1923 for a news magazine, odds are high it were published quite
> promptly, and it's often a lot easier to take their image and confirm
> with a pre-1923 source than it is to ferret out the source and scan
> from scratch...
>
> --
> - Andrew Gray
>  [hidden email]
>
> _______________________________________________
> Commons-l mailing list
> [hidden email]
> https://lists.wikimedia.org/mailman/listinfo/commons-l
>

It does unfortunately say on the front page that "Most were never
published and are now available for the first time". I'm sure there's
still some good stuff in there that was published though. (I have to
admit I was unaware of the published/unpublished distinction too)

the wub

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Re: LIFE photo archive hosted by Google

Gregory Maxwell
In reply to this post by David Gerard-2
On Wed, Nov 19, 2008 at 4:44 AM, David Gerard <[hidden email]> wrote:

> 2008/11/19 Michael Galpert | Aviary <[hidden email]>:
>
>> dont think that applies across the board since some of these images are
>> being published for the first time
>
>
> Really? I thought the published/unpublished distinction didn't affect
> that in US law.
>
> (I'm sure someone has full legal details to hand ...)

http://www.copyright.cornell.edu/public_domain/

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Re: LIFE photo archive hosted by Google

Jim-60
In reply to this post by Peter Coombe
There are many useful pictures here. 
  • All taken before 1888 even if never published are in the public domain. 
  • Published and taken before 1923. (note publication can be outside the US)
  • Published between 1923 and 1963 for which Time did not renew the copyright (unlikely)
  • All taken by authors who died before 1938 (however, Time doesn't identify the photographer that took the pictures which is unfortunate) 
  • Additionally, I'm not sure that Google is using the term "unpublished" as defined in the Copyright Act of 1978. Published means part of a work offered for sale, or displayed with the intent to offer for sale even if never sold. For example, if the photographer sent the pictures to a group of persons (i.e. to multiple magazines) trying to sale them that would be publication (even though not offered to the public at large). Note that displayed with no intent to sale does NOT constitute publication.
  • Finally, my understanding is that if these pictures were incorporated into any television show that would be publication since the public was licensed to have a copy on their television during that television show, even though they may not have been authorized to keep a copy after the show itself. 

On Wed, Nov 19, 2008 at 8:43 AM, the wub <[hidden email]> wrote:
11/19 Andrew Gray <[hidden email]>:
> 2008/11/19 David Gerard <[hidden email]>:
>> 2008/11/19 Michael Galpert | Aviary <[hidden email]>:
>>
>>> dont think that applies across the board since some of these images are
>>> being published for the first time
>>
>> Really? I thought the published/unpublished distinction didn't affect
>> that in US law.
>>
>> (I'm sure someone has full legal details to hand ...)
>
> It is indeed *published* before 1923, though we've been a bit vague
> about confirming this in the past. There's a very useful table of such
> things here:
>
> http://www.copyright.cornell.edu/public_domain/
>
> However, archives like these are still very useful - if it was made
> before 1923 for a news magazine, odds are high it were published quite
> promptly, and it's often a lot easier to take their image and confirm
> with a pre-1923 source than it is to ferret out the source and scan
> from scratch...
>
> --
> - Andrew Gray
>  [hidden email]

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