File:Footlight Parade (1933 theatrical poster).jpg

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Original file (1,951 × 2,936 pixels, file size: 1.8 MB, MIME type: image/jpeg)

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Summary

[edit]
Description
English: Theatrical poster for the release of the 1933 film Footlight Parade.
Date
Source
English: Scan via Heritage Auctions.
Author
English: Artist unknown; presumably a work-for-hire for distributor Warner Bros.
Permission
(Reusing this file)
English: No permission is required.
  1. First, the photo is a mechanical scan/photocopy of the original poster and does not qualify for independent copyright protection.
  2. Second, the poster was first published prior to 1978 without a valid copyright notice. It carried a defective notice that omits the year: "Copyright - WarnerBros. Pictures Inc" [sic]. While the mashing together of "Warner" and "Bros" is excusable, the omission of a year of publication is not. Keep in mind that the pre-1989 requirements for copyright notice were highly formalistic and, other than a few enumerated exceptions, required these three elements:
  1. "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)";
  2. "The year of first publication for the work"; and
  3. "The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner."
If just one of these elements is omitted, the work is deemed to be published without notice and is not eligible for copyright protection. Even if the notice were somehow deemed sufficient, the poster art was not renewed as required by American copyright law to extend/maintain protection for works published 1963 or earlier. In order to maintain copyright protection, the poster would have had to be renewed 28 years after publication, in either 1960 or 1961 (see the sections for "Artwork: Original registrations and renewals" and refer to the links to search the copyright catalogs for those years). Because it was not renewed, copyright lapsed at that time. Note that the poster art is a distinct work from the film it represents and had to be renewed separately.

Licensing

[edit]
This is a faithful photographic reproduction of a two-dimensional, public domain work of art. The work of art itself is in the public domain for the following reason:
Public domain
This work is in the public domain because it was published in the United States between 1929 and 1977, inclusive, with a defective copyright notice (copyright notice information) containing at least one of the following defects:
  • Notice does not include the copyright symbol ©, the word "Copyright", or the abbreviation "Copr.";
  • Notice is dated more than one year later than the actual date of first publication;
  • Notice does not include a named claimant or does not name the actual copyright holder;
  • Notice is illegible or concealed from view;
  • It is a printed literary, musical, or dramatic work that does not include the year.
A defective notice does not invalidate copyright in cases where the error is immaterial and would not mislead an infringer, such as an abbreviated name. Additionally, foreign works created outside the US are subject to copyright restoration even with a defective notice. It is not in the public domain in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada, mainland China (not Hong Kong or Macao), Germany, Mexico, Switzerland, and other countries with individual treaties.

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The official position taken by the Wikimedia Foundation is that "faithful reproductions of two-dimensional public domain works of art are public domain".
This photographic reproduction is therefore also considered to be in the public domain in the United States. In other jurisdictions, re-use of this content may be restricted; see Reuse of PD-Art photographs for details.
Public domain
This work is in the public domain because it was published in the United States between 1929 and 1963, and although there may or may not have been a copyright notice, the copyright was not renewed. For further explanation, see Commons:Hirtle chart and the copyright renewal logs.
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.

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File history

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Date/TimeThumbnailDimensionsUserComment
current05:26, 16 January 2020Thumbnail for version as of 05:26, 16 January 20201,951 × 2,936 (1.8 MB)Blz 2049 (talk | contribs){{Information |Description={{en|1=Theatrical poster for the release of the 1933 film ''Footlight Parade''.}} |Source={{en|1=Scan via [https://movieposters.ha.com/itm/musical/footlight-parade-warner-brothers-1933-one-sheet-27-x-41-/a/7025-83824.s Heritage Auctions].}} |Date=1933 |Author={{en|1=Artist unknown; presumably a work-for-hire for distributor Warner Bros. |Permission={{en|1=No permission is required. #First, the photo is a mechanical scan/phot...

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