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Can I use my own photo of an ad from 1969?

  1. Sherry Hewins profile image96
    Sherry Hewinsposted 4 years ago

    I have this old ad for a concert, Newport 69. I think it was a newspaper insert. I'm just not sure how the rules apply to this. Anybody got a clue?
    http://s4.hubimg.com/u/7866403_f248.jpg

    1. chasmac profile image99
      chasmacposted 4 years agoin reply to this

      Unless you have evidence to the contrary, you should assume that it's under copyright - either by the designer, the newspaper, the concert promoter or whoever.

    2. profile image0
      Joanne M Olivieriposted 4 years agoin reply to this

      I think what you can do is use it and basically under the source say that it is a photo you took of an old ad for Newport 69, the way you explained it above.

    3. LuisEGonzalez profile image81
      LuisEGonzalezposted 4 years agoin reply to this

      "This work is irrevocably in the public domain in the United States because it was first published in the United States without copyright notice prior to 1978. See Copyright."

      So if no copyright/words stating copyright were visible on the ad, then you may use them. But this is very tricky and in this case it applies to the type of image that you took (from and ad) but not for most photographs.

      1. Sherry Hewins profile image96
        Sherry Hewinsposted 4 years agoin reply to this

        Thanks LuisEGozalez, I don't see a copyright notice anywhere on the 2-page spread. I hope you are correct, it sounds good to me.

  2. Sherry Hewins profile image96
    Sherry Hewinsposted 4 years ago

    Interesting, I've already got a difference of opinion. I'd love it if HubPages would officially weigh in on this one.

    1. profile image0
      Joanne M Olivieriposted 4 years agoin reply to this

      Technically, as chasmac stated, the ad itself would be copyrighted by the company of whoever designed it.  But, the photo you took of the ad is yours.  Hopefully Hubpages will come along and give us the definitive answer.

    2. Simone Smith profile image88
      Simone Smithposted 4 years agoin reply to this

      Alas, we're not copyright experts, so no answer from us will be definitive. Our best 'advice' is:
      1. To be SUPER safe, don't use it.
      2. If you are providing commentary on the event and not featuring ads on the Hub in question, you could utilize many copyrighted images, such as this one, making a Fair Use argument, but I recall one lawyer saying 'Fair Use is just asking for trouble'.

      1. Sherry Hewins profile image96
        Sherry Hewinsposted 4 years agoin reply to this

        Thanks for responding Simone

  3. barbat79 profile image72
    barbat79posted 4 years ago

    I would use the standard rule of thumb.  But if you don't know the newspaper, is there anything you can attribute the clip to?  The concert, band name, location and year.   I think that would do it.
    Luis E Gonzalez provides an astute answer!

    1. Sherry Hewins profile image96
      Sherry Hewinsposted 4 years agoin reply to this

      I have the complete line-up for the 3-day festival, which was held at Devonshire Downs, in Northridge, CA June 20-22, 1969. It was organized by a man named Mark Robinson who was only 24 at the time.

 
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