Is it OK to use material from the 1940's and 50's in my book?

[Sirius Glass]

The copyright and its rights still belong to a corporation or someone. Now do due diligence and pay the toll.

[Jac@stafford.net]

I am not now a practicing lawyer, nor an attorney.

Fair use is a defense. You cannot apply for fair use. You do your thing and take your chances. I do not know enough about the OP's intentions, his full case, however I can evince scenarios that would be appropriate to fair use.

So, in an evil mode I say Go for It! And let us know how it turns out. (evil grin)
.

[John Kasaian]

Why don't you just ask Kodak? You may be able to get valid permission from the Eastman Kodak House as I recollect many historic old images are under their governance and they are likely supportive of scholarly endeavors.

[invisibleflash]

Why don't you just ask Kodak? You may be able to get valid permission from the Eastman Kodak House as I recollect many historic old images are under their governance and they are likely supportive of scholarly endeavors.

OK, will do.

is there a date for old work where you can be sure that it can be freely used? Sometimes this stuff has to go to the public domain.

[Oren Grad]

Threads merged.

[Michael Rosenberg]

Many magazines as part of the publishing contract with an author will have transfer of copyright to the magazine. If a magazine is no longer in existence the parent company of the magazine may still be, or they transferred the copyright. If it is an individual they may have transferred the copyright to their heirs. If you are sued you must show documentation that you showed every effort to contact the holder of the copyright. Be aware that if you are sued the entity can, and probably will, ask for damages..... It does not matter if your book is going to be a best seller or a very limited edition art publication.

If it is that important to your book, and you don't want to expend the effort to find the copyright holder, then reference the article and leave it up to the reader to find the articles.

As everyone else explained, read the law. Also, contact your local/state law school and see if they provide support on copyright law for artists. I believe that Duke University may.

I am not a lawyer, but am married to a patent attorney.

Mike

[seezee]

Please read this in its entirety before deciding that this is fair use. Commercial vs. non-commercial is not the only requirement, so the price on the cover doesn't necessarily come into play. For instance, newspapers are commercial enterprises & issues are sold for money, but they are also news & editorial, which gives some protection under fair use. Non-commercial work can violate fair use, e.g., see rule 1 in the article.

[Corran]

OK, will do.

is there a date for old work where you can be sure that it can be freely used? Sometimes this stuff has to go to the public domain.

I already linked to you very explicit copyright information directly from the gov't, and even answered you already the last time you asked this question. If you don't care to read it, why should we answer, yet again?

Please go back to the start of this now merged thread and read it from top to bottom. You'll find your answers. Or just do whatever you want and hope the lawyers don't come knocking.

[Kodachrome25]

OK, will do.

is there a date for old work where you can be sure that it can be freely used? Sometimes this stuff has to go to the public domain.

Or, better yet, show the creators of some good work you value their time and effort and come to some form of agreement in terms of compensation? Why are you so focused on free? Do you not believe the work and time and others is worth something?

Currency by definition means "To Flow" so in order for it to continue, we as a society are going to have to start working away from this nasty internet born habit of a "Freeconomy" in order to be fair to one another.

[Drew Wiley]

Heck. I know of people being sued for commercially using abandoned negatives from the 1930's.