Copyright Law/Public Domain Questions for Images I Want For Book

[Marie Silk]

Hello, I am considering using some images in my historical fiction book that are old photos. I have tried to find out about copyright law to make sure I can use these pictures, and it seems to say that generally anything published in the USA before 1922 is considered public domain. The images I want to use are a photo of a newspaper listing, and also a photo of the front page of the New York Times, both from 1915. Does anyone know if it's okay to put these in the book I am about to publish? I am trying to understand how public domain works. It is not absolutely essential that I include these pictures, but it would be really cool if I could.

[Heidi]

Public domain is when the copyright ends. Photos (just like books) can have their copyright extended. I would search the NY Times public Domain archives to determine if your photo is free to use http://commons.wikimedia.org/wiki/Cat...

If they are not, you can often get permission for use with a simple email request. Keep it for your records. In my first book, I got permission from Ford and Dodge to use their vehicles in the book and it didn't cost me a penny ;) As long as your book isn't say erotic fiction, you will probably get an ok from the NY Times, you may even get someone's interest in reviewing it!

[Dwayne, Head of Lettuce]

Public domain can be tricky. Just because something is labelled as public domain it doesn't necessarily mean it is as someone may have recently put a copyright on it. A few years ago I was doing YouTube videos and I liked messing around with old educational films. The ones I would use were labelled as "public domain" on the site in which I found them, but at least once YouTube forced me to take the video down, saying that The Young Turks had bought the rights to the film.

As with anything dealing with copyright law, you might be better off consulting a copyright lawyer rather than asking opinions of the people here. I mean, yes, we're all quite intelligent here, but as far as I know none of us are practicing lawyers. Good luck!

[Marie Silk]

Thank you Heidi and Dwayne :) I nearly mentioned the Ford Model T in my book, but I was unsure how to go about getting permission so I just kept it to description only. The images I got were from Wikipedia and say Public Domain on them, but I suppose that is not necessarily absolute.

[Heidi]

On a plus note, they have to send a cease and desist letter before they can pursue damages. Downside, if you buy a bunch of books you could get stuck with a bunch of books you can't sell.

[Owen]

Dwayne pretty much nailed it. Also, allowed usage is different for fiction and nonfiction. Many things that can be used in nonfiction are not allowed in fiction, because there is no "fair use" for fiction.
That is a reason that getting something off Wikipedia that is labeled public domain may not always be OK to use in fiction. As Heidi says, you can email to ask for permission.

BTW: Mentioning a Model T Ford should not be a problem. There is another thread here on that. Names of products or brands aren't the same as copyrighted works such as photos, music, or written works.

[Marie Silk]

Thank you, Owen. The locations and things in my book (stores, theaters, and brand names) have long defunct trademarks by now, so I figured I would be safe with using those. All I found about trademarked names was that a registered trademark should be acknowledged somewhere and that you should not say anything negative about it.

[Owen]

Marie wrote: "Thank you, Owen. The locations and things in my book (stores, theaters, and brand names) have long defunct trademarks by now, so I figured I would be safe with using those. All I found about tradem..."

This article has been posted before on SIA, but it might be useful to do again here:
http://www.rightsofwriters.com/2010/1...

It provides a good rundown on the issue of using brand names in fiction.

[Justin]

On a similar note, does anyone know where I can get some free for usage domain photos of Edgar Allan Poe and Shakespeare?

[M. Ray Holloway Jr.]

Justin wrote: "On a similar note, does anyone know where I can get some free for usage domain photos of Edgar Allan Poe and Shakespeare?"

I use Pixabay for my stock, public domain photos. It's free and has a pretty good selection.

[Quantum]

M. Ray Holloway Jr. wrote: "I use Pixabay for my stock, public domain photos. It's fre..."

pixabay is great! thx!

[Justin]

M. Ray Holloway Jr. wrote: "Justin wrote: "On a similar note, does anyone know where I can get some free for usage domain photos of Edgar Allan Poe and Shakespeare?"

I use Pixabay for my stock, public domain photos. It's fre..."

Thanks for the recommendation! They have a few free images of both but I can definitely make this work, thanks!