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OT - Kinda: Photo Xmas Cards

Hey all - I thought I'd repost this - I'm still hoping for more opinions - Thanks to Melissa and "Rusted" for their responses!

My mom's photo lab is ramping up for Christmas season and and photocards, and she came up with a unique idea. Not being at all excited about the "standard" greetings/art that come with her software to make these cards, she decided to make her own, using old, antique Christmas, new years and other cards she found at antique stores. They are very cool looking. I was hoping one of you many genius folks might know something about copyright when it comes to using old postcards.

She's scanned them and played with them a little in photoshop. Before she offers them to her customers, she'd like to make sure she's not breaking any copyright laws.

Most of the cards she's used are from the 20-50's, she's tried to contact any company names that have been printed, none of them seem to be in business anymore, and there are a few images with no info on them at all.

So, before these images go onto hundereds of cards - soes anyone know if this will be an issue?

Thanks!

Jessica

Reply to
Jessica
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I wish I had an answer for you. Has the photo lab thought about asking a lawyer? It's always better to be safe than sorry.

Reply to
Deb in AR

Well I asked my DH, who is a lawyer. So first I quess that I should say that this is off the top of his head which is full of this stuff and he does have an advanced law degree in intellectual property as well as in international business law. Bottom line, anything that was created pre-1920 is in the public domain. Anything after that is not as congress keeps on extending the time limits. If an item is not in the public domain (post

1920) it should not be used by another especially for commercial gain. I asked about foreign postcards etc and because the US is part of an international treaty that says that they will enforce the copyright laws of it's treaty partners the same is likely to apply. However, off the top of his head, he did not know if this treaty has a retroactive clause. If memory serves it was signed in the late 80's 1989 I think and so he is not sure if anything foreign before that date is free for your mom to use or if foreign materials have the same restrictions as their US counterparts, meaning they must be older than 1920 for your mom to use them commercially.

I guess that means if should not be used as the owner "might" find out what you are doing and "might" choose to send you a desits order where if you stop he will not pursue it further. However should the owner be a big meanie, he "might" forgo the cease and desist route and sue you for damages etc.

HTH, M-C

Reply to
M-C

Thanks MC - I'll forward it on!

Reply to
Jessica

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