Jump to content

copywright infringement


Guest 1930

Recommended Posts

I know someone here knows a little about copy wright ( Mike ? )

I am curious, I want to scan and send some Plymouth material for a fellow enthusiast to place on his site. The material is original material ( for the greater part ) and is from 1928-1938.

He is concerned with posting it on his site because he is concerned with someone having a problem with it. He has attempted to contact Chrysler on a couple of different occasions to ask permission with no response.

I say he is being a bit overly cautious ( Ok alot ) but he has my curiosity perked up enough to ask what are the laws concerning this old of material.

It is not being sold, it is being posted for educational purposes. Thank-you

Link to comment
Share on other sites

The fellow that has the site that I am planning to offer some of this stuff too will hopefully see this post so any other comments are welcome. Thanks Phil, that what I think as well.

Link to comment
Share on other sites

Maybe in the AACA general forum there might be a better chance of a lawyer seeing the question. I wouldn't worry too much about it. I think Chrysler/Fiat has bigger things to worry about (Ferrari or Porsche might be a different story). My uneducated guess would be if it does unhinge anyone at C/F, a warning letter would be sent before anything bad would occur (your mileage may vary)...

Link to comment
Share on other sites

Cmon Mike, I was hoping to hold you accountable er um get your opinion ;)

Wheres the copywright police when you need them

Link to comment
Share on other sites

I believe the rule of thumb on copyright stuff is pretty much that you don't have to worry about copyright infringement unless you are making money from the stuff you post. I am not a lawyer, but I have heard that a lot.....that'll be at least $5.00 please.

Link to comment
Share on other sites

I have been and still am the editor of several car club newsletters and I was told that the copyrights expire at 75 years so anything more than 75 years old is no longer copyright protected. 1928 would, therefore, be okay to use. I do not have actual documentation on this but was told about it from AACA when I took over an AACA region newsletter.

Link to comment
Share on other sites

This is some specific info from the U.S. Copyright Office: U.S. Copyright Office - Frequently Asked Questions

How long does a copyright last?

The term of copyright for a particular work depends on several factors, including whether it has been published, and, if so, the date of first publication. As a general rule, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years. For an anonymous work, a pseudonymous work, or a work made for hire, the copyright endures for a term of 95 years from the year of its first publication or a term of 120 years from the year of its creation, whichever expires first. For works first published prior to 1978, the term will vary depending on several factors. To determine the length of copyright protection for a particular work, consult chapter 3 of the Copyright Act (title 17 of the United States Code). More information on the term of copyright can be found in Circular 15a, Duration of Copyright, and Circular 1, Copyright Basics.

This mostly applies to sole creative authors who make a living off reprints, and not defunct publications.

Link to comment
Share on other sites

Thanks Phil, the fellow that runs the site has told me that he is just going to go ahead and post what he can and hope for the best.

I am SURE he wont have any problems

Link to comment
Share on other sites

Interesting thread. Thanks to Phil 32DL6 for the links to copyright office pamphlets and to 1930 for the link to Stanford and through that to Project Guttenberg where you can look at the copyright renewals for various years.

My take away:

1. Anything from 1923 and later might still be under copyright.

2. Under current laws the copyright can last up to 95 years.

3. Things published under the rules of the 1909 copyright law (everything in the 1920s, 30s and 40s era that I am interested in) must have had a copyright notice to be protected.

I am not a lawyer, but it sounds like things from that era can be safely posted on the web or printed in a club newsletter if there is no copyright notice on the item or if the publisher failed to renew the copyright 28 years after its initial protection.

The ads from the era I have seen do not have copyright notices on them. They should be fine.

Things like the operators manual for a 1933 Plymouth do have copyright notices. But taking a look at the renewals for 1960, 60 and 61 (28 years after original publication) I don't see anything from Chrysler or Plymouth. So that copyright most likely has lapsed.

Link to comment
Share on other sites

...if there is no copyright notice on the item...

The ads from the era I have seen do not have copyright notices on them. They should be fine.

There doesn't have to be a copyright notice © for it to be copyrighted. Any author's or artist's or photographer's, etc. work is automatically copyrighted and, unless they sell the copyright (such as working for hire under a contract) they own that copyright.

You can get additional protection by registering the creative work and announcing that with the ©.

Link to comment
Share on other sites

There doesn't have to be a copyright notice © for it to be copyrighted. Any author's or artist's or photographer's, etc. work is automatically copyrighted and, unless they sell the copyright (such as working for hire under a contract) they own that copyright.

You can get additional protection by registering the creative work and announcing that with the ©.

According to the brochures at the copyright office linked to by you, no copyright notice is required for works published after March 1, 1989. Earlier copyright law required the mark. A big part of the problem is that the laws have changed over time and figuring out what laws apply to what items can be confusing, especially to a non-lawyer like me.

Link to comment
Share on other sites

Guest Oracle

Over here yoiu can post up to 10% of a work and you are allowed to publish for review and educational purposes.

I have however to add that as regards material relating to a certain Canadian auto company, the head of the company that provides data for old vehicles has asked that nothing be put on any website as it is 'proprietory'. This is because he paid for it and he charges querents a fee. If it was publshed then this could damage his fee income. Fair enough. I know that there was a guy who provided a private Pontiac historical service and one that has the old Chrysler records. They both charge[d] for data on vehicles. However on another Forum it has been suggested that the Pontiac guy has had problems with GM.

Have you tried:

Chrysler LLC

Corporate Historical Collection

12501 Chrysler Fwy.

CIMS 410-11-21

Detroit, MI 48288 USA

?????

The simple answer may however be that if it was information that was in the public domain in its day, then that presents no problems. The easiest way to get round any problem is to say on the site:

"

This information is published for non-commercial research purposes only. If anyone wishes to claim copyright on any material on this site please contact the author at........."

Link to comment
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×
×
  • Create New...