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Bettmann Archive

Copyright tags

Most useful tags when uploading these photos. See more info by clicking on each tag respectively.

• {{PD-US-no notice}} – US work published in the US between 1931 and 1978 but without a copyright notice.
• {{PD-US-1978-89}} – published in the United States between 1978 and March 1, 1989 but with neither copyright notice nor registration within 5 years.
• {{PD-US-no notice advertisement}} – advertisement published in the US between 1931 and 1978 in a collective work without a copyright notice specific to the advertisement.
• {{PD-US-defective notice}} - US work published before 1978 with a notice, but fails to comply with certain constraints.
• {{PD-US-defective notice-1978-89}} - US work published between 1978 and 1989 with a notice, but fails to comply with certain constraints.
• {{PD-US-expired}} – published anywhere (or registered with the US Copyright Office) before 1931 and public domain in the US (preferred over {{PD-US}}).
• {{PD-US-not renewed}} – US work published and copyrighted in the United States between 1931 and 1963, with its copyright not renewed.

Tips

These are purely helpful bits of advice I would recommend. This is not an official guide, and anyone should use these at their own risk.

1. Search for photographs on sites like ebay and Worthpoint
   
2. If you find a photo you want to upload, make sure it is of American origin, lack of notice only applies to US published works during a certain period of time from 1931–1989. Anything prior to 1931 is free for the taking.
   
3. Ensure it is a physical photo that was scanned. (Publicity photo, Press photo)
4. Avoid listings that are just selling an 'Old TV Photo', there are many sellers on ebay who sell image reproductions of older photos, that may not have been published at the time. See this example here. As you can see there is no way to verify it was ever published prior to 1989 without notice, it is just an image with no back. It is very likely a modern image reproduction, and the likely source of Getty Images is home to many previously unpublished photographs.
   
5. Make sure the photo does not have a full Copyright notice affixed. (Ex. © 1985 ABC).
   

   →If it does, was it published before 1964? If the Copyright was not renewed, it is PD.
   

   →If it was published between 1978 and March 1, 1989, check for a registration within 5 years at the U.S. Copyright Office.
   

   →It just says "All Rights reserved", is that a notice? If it was published between 1978 and March 1, 1989, published works required a full notice;
   

   "*Per 2204.4(C) The term “All Rights Reserved” or the like is not an element of the notice prescribed by U.S. law, and it is not an acceptable variant or substitute for the word “Copyright” or the abbreviation “Copr.”... However, the use of such terms in juxtaposition with an acceptable notice is permitted."
   

   (Ex. © 1984 NBC. All rights reserved.) = Valid Copyright notice

   (Ex. All rights reserved. Editorial Use only.) = {{PD-US-defective notice-1978-89}}

6. Check for information on the author. Was it published by a Record Label, Movie Studio or a press organization?
   
7. Check for a date it was first published. Is there a date printed or stamped on the back? Was it included in a Press Kit?
8. When uploading the photo, try to upload both sides. eBay listings tend to include scans of the front and rear. The back of the photo can offer valuable insight on the photo. If done correctly, you would upload the back of the photo first, then overwrite the file with the front. I don't recommend uploading as separate files, as it just creates more clutter on the Commons, and both sides should be tied to the same file
9. When uploading, stick to the .JPG file format. Avoid .webp and .png for photographs. JPG is the prefered file format for photographs, per COM:USOP. You can use a file converter, such as Exgif.com if needed.
   
10. Once your photo is uploaded you will want to update the summary with important info.
    

    → Add a description of what the photo is depicting, you can always transcribe the text on the rear if supplied
    

    → Add the date this photo was first published. At minimum the year.
    

    → Provide the source of where you found it, such as Worthpoint or ebay. If found on ebay or similar sale sites, you should Archive the link. ebay listings don't stay up for long and will be delisted. One year later, that photo you uploaded could deleted because you didn't save the source and now you can't prove it is PD. Use https://web.archive.org/ to save your source.
    

    → Add the Author or Publisher of the photo. Like a Photographer, Record label, Film company, Broadcast company or News Wire service. You should credit both the Photographer and company if both are known.
    

    Ex. Joe Smith; Distributed by Arista Records

    Ex. NBC Television

    Ex: AP Wirephoto

11. Does the photo have a watermark? Try to find a copy without one, or digitally erase it using Photoshop or similar software. If you are unable to find a clean copy, you could still upload the watermarked photo, although it is discouraged, per COM:WM. One could make the argument it is better to preserve a photo that may be lost otherwise due to the listing going down. If so, tag {{Watermarked}}.

Hope this is helpful to someone out there!

Cutoff Dates

One may ask, when did companies start adding notices to their press/publicity photos? Below, I have estimated approximately when they began being added, properly, and what would be considered the cutoff date. Of course there might be some stuff before and after that did and didn't meet formalities that I could determine. Nothing official, is just a general cutoff time for reference. Use at own risk!

• The middleground is up in the air. The dates above are ones I could find proof of. If you can find a copy after or before those dates, then we are closer to determining the real cutoff date.
• Be aware of notice omissions. In cases where relatively few copies of a photo was published without a notice, but efforts were later made to correct after publication, does not invalidate copyright. See Section 2203.4 for furthur info. If not sure or in doubt, try to find other listings for copies of the same photo on ebay. Do all the photo copies have a notice or not?