Legal Question in Intellectual Property in California

Copyright:

Just because the work is pre-1923 doesn't mean its in the public domain. But as a practical matter there is very little risk with being sued for copyright infringement. The only example I know of is the happy birthday song, which although there were pre-1923 publications the copyright was later registered in 1935 and they argue the prior publications were unauthorized. If the work is valuable (Happy Birthday royalties generate $2 million a year) then you're at risk from suit and them arguing the prior publications were unauthorized.

Trademark:

You might get hit with trademark infringement because of your commercial use depending on the ads you use.

If you like this answer please contact LawGuru and request that they add back in poster's zip code.

Answering this question especially with regards to those published in 1922 and after requires a detailed analysis of the ad at issue, as whether something is still covered by copyright law or not depends on a variety of factors.

There is a simple slider tool that may help with your analysis and it is available at: http://librarycopyright.net/resources/digitalslider/

I have no association with the website or am I involved in programming that calculator, but it will provide you with a sense on the many different factors that may come into play. Additionally, you may want to look into the possible issue of the right of privacy, if there is a person visible on the ad.

Ultimately, I would advise that you contact an attorney to review the specific image you are looking to reproduce.

Best,

Jim Betinol