Click to See Complete Forum and Search --> : Question about public domain images
dakota316
01-20-2007, 04:15 PM
I am a newbie to all the legal aspects of images and am looking for images of fabric to use to make a birth announcement out of. I found a website that is an electronic swatchbook of fabrics from the 1800s. http://www.powerhousemuseum.com/electronicswatchbook/
This is the information provided on the site...
The patterns on this site are in the public domain in Australia. All images and patterns on this site can be used for any commercial or non-commercial purpose without further permission. Copyright in these images and patterns cannot be revived under any circumstance within Australia. If you wish to use these patterns in a country other than Australia we recommend you seek legal advice.
What I was wondering was does anyone know about using the images in the US? Would they not be public domain in the US?
undressedmonster
01-20-2007, 08:05 PM
That site is a great find! I don't have any use for it yet, but I'm sure I will some day.
First, I would say don't trust my advice. ;D Second, I would think you'd be OK. Check out this site which explains copyright law, but scroll down to where it says "Works Published Outside the US":
http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm
I think you'd be OK. The website says they have copyright for the source code only, not the content. I doubt you'll be hounded down by someone from Australia for using the fabrics in a birth announcement. If you were going to use one of the patterns on a book cover that will be seen by a few million people, then I'd say ask your lawyer, just in case. ;D
If they're from the 1800s, then you're definitely safe with US Copyright law.
PrintDriver
01-20-2007, 09:05 PM
The fabrics are from the 1800's.
The photos of the fabrics are not. The photos, if taken after 1923 would involve the photographer as the new copyright holder.
For example, the painting of the Mona Lisa is in Public Domain. The photo of it you get from ArtRes belongs to the photographer who took it so will cost you $500 to get permission to use it. You could go photograph it yourself (good luck) and it would be free, except for the airfare.
As long as the person hosting the website is the photographer or has permission from the photographer, you're all set.
Zantor_12
01-20-2007, 10:35 PM
If you are going to use the photos for a non-commercial use, than the photographer probably won't care. If you are a little worried though, I reccomend you send an email to the owner. That will just make things go more smoothly.
The fabrics are from the 1800's.
The photos of the fabrics are not. The photos, if taken after 1923 would involve the photographer as the new copyright holder.
Good point, PD...
PrintDriver
01-21-2007, 03:04 PM
The photographer cares.
The only times you don't have to worry about rights issues is if the use falls under 'fair use', editorial, or some forms of parody. All of which are defined on www.copyright.gov.
dakota316
01-21-2007, 09:22 PM
Thanks for the input from everyone. You all were very helpful. I hadn't thought of the actual photo aspect of it. On the photos that are downloaded from there they say "This image is in the public domain within Australia". Would that mean the photo itself is public domain or the design of the fabric that is in the photo? This is all very confusing to me but I don't want to do anything that isn't on the up and up. Maybe I will just have to try and contact them....or just use them as inspiration.