[cc-community] Licensing postcards, etc.

James E. LaBarre jamesl at bestweb.net
Sun Oct 1 22:50:04 EDT 2006


>> First example:  I would like to put up a website of postcards & 
>> brochures for an old botanical garden that closed in the early 1970's. 
>> However, once I have gone through the trouble of scanning & posting 
>> them, I'd like to "license" them so that no-one could turn around and 
>> use them commercially, etc.  The problem is, I don't know if they're 
>> still under an existing copyright.
>>   
> Depending on where you are in the world, the material may or may not 
> still be in copyright. If it *is*, you can't licence it to others, as 
> you don't own it. If it *isn't* in copyright, then it's public domain - 
> put it out there and if someone wants to use it commercially, let them 
> (the opportunity cost to you is zero, after all).


I'm not so sure it's that simple.  Otherwise, how could sellers on eBay 
scan photos & postcards for their auctions, and claim copyright on the 
images?  I've seen plenty of them watermarked.


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