So Byron, the National Firearms Museum calls on your expertise again. In this
scenario, what can we do: Our publications division (which publishes the
American Rifleman and the American Hunter) has refused to give us
reproduction rights on certain covers ranging from 1950 to 1989. They say
that they do not own the rights to the artwork and will not allow us to copy
the covers for the Museum in Microcosm travelling exhibit we are working on.
Our only option was to use the actual magazine which posed problems for our
fabricators in the context of the exhibit. According to what you found out,
is a magazine considered "public domain" and as such can we do anything we
want to with it regardless of their permission. Of course, their refusal is
petty and mean, but firm. We want to use many more magazine covers in the
future museum, but do not want to hassle with them on this. Any suggestions?

- Adrienne

In a message dated 96-03-31 22:50:40 EST, [log in to unmask] (Byron Johnson)
writes:

>1. If an image is in the public domain, the original image CANNOT be
>copyrighted. HOWEVER, each copy is said to be imbued with individual
>characteristics that CAN be copyrighted. You do not lose control until you
>permit unrestricted copying of your copy or distribute copies with no
>notice. So, while the original image is in the public domain, you CAN
>copyright copies made from your copy and control access and use of those
>copies. (Whew!) The copyright notice consists of "Copyright 19--, "Your
>Institution."
>
>2. For images created prior to the '76 copyright act revision, the maximum
>term of 75 years applies (I'd have to check the term in the texts at my
>office, but I believe 75 years is correct). In general, unless you have
>written transfer of copyright, or permission, you are best off NOT using or
>distributing materials made after the '76 revision. The use of materials in
>the 75 year gray area is a judgement call . . .and one that has lead to a
>few lawsuits.
>
>


----------------------
Byron Johnson, Director
Texas Ranger Hall of Fame and Museum
P.O. Box 2570
Waco, Texas 76702-2570
E-Mail: [log in to unmask]
Phone: 817-750-8631
------------------------------
"...Unless a people are educated and enlightened it is idle
to expect the continuance of civil liberty or the capacity
for self-government."   - Texas Declaration of Independence,  March 2, 1836.
 -- Texas Rangers 175th Anniversary 1823-1998 --