Legal Question in Intellectual Property in California

Vintage postcards postmarked 1904-1924. Public Domain?

I want to use postcards (postmarked between 1903-1924) in a Video I plan to

sell. Some Postcards have a company name(ie Raphael Tuck & Sons) on back

and country where they were printed, along with an occasional serial/series

number. Some are French postcards. There is no ''c'' or ''copyright'' word on

any of them. Or any discernible dates other than the postmark. Are they in

public domain?

I am using portions of each postcard. For instance a tree in one, a waterfall in

another and then putting the two together. When I copyright my video, will it

be a dirivative copyright?

Many thanks.


Asked on 10/19/05, 12:57 am

1 Answer from Attorneys
Richard Jefferson M.E.T.A.L. LAW GROUP, LLP

Re: Vintage postcards postmarked 1904-1924. Public Domain?

Unfortunately, you haven't discovered enough information to determine whether the post cards are in the public domain. The old copyright law would apply and it required a stricter analysis with regards to determining protection.

I can tell you for sure that copyrighting your video tape is not a derivative work. A video tape, or film, is a tangible medium in which you can secure a copyright, but if you are infringing on another's copyright (like the postcards), then your copyright is not complete, which basically could allow someone to stop the showing (and more important the distribution) of your film.

You definitely need to find out definitive answers to your first question.

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Answered on 10/19/05, 2:08 am


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