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