Getting Permission: Revisions

Getting Permission:
How to License & Clear Copyrighted Materials Online & Off

Revisions to
First Edition

Chapter 4 [Getting Permission to Use Artwork]

Rauschenberg’s Monogram -- Page 4/4

We were quoted a $75 fee for use of Rauschenberg’s Monogram in our book (a publication with an initial print run of 5,000 copies). That fee was subsequently waived by VAGA for our use!

U.S. Postage Stamps: Protected Since 1978 -- Page 4/7

The text indicates that U.S. postage stamps have been protected under copyright law since 1970. That rule is based upon the fact that the postal service was privatized in 1970, thereby removing stamps from the category of works produced by federal employees. However, subsequent research indicates that copyright protection for U.S. postage stamp may not have commenced until 1978.

According to Linn's Stamp Almanac, the U.S. Postal Service did not claim copyright protection on postage stamps and other philatelic products until January 1, 1978. (U.S. Postal Regulation §§ 166.1 through 166.4.) The U.S. Philatelic catalog states that the first stamp to include a copyright notice was the Captain Cook stamps issued in 1978. Copyright notice was a requirement for any published works issued before March 1989. Therefore U.S. stamps are protected from 1978, not 1970.

However ....

There is one legal eccentricity regarding U.S. Postage Stamps. In 1938 Congress passed an act that, among other things, authorized the Postmaster General to compile and publish philatelic works containing black and white illustrations of stamps. This provision contained the following statement:

'' . . . notwithstanding the provisions of [what is now section 8 of the copyright statute, prohibiting copyright in publications of the United States Government], or any other provision of law, copyright may be secured by the Postmaster General on behalf of the United States in the whole or any part of the publication authorized by this section.''

Does this mean postage stamps have been protected by copyright law since 1938? Unlikely. As Congress indicated in a later report, the meaning of this provision "was, and remains, unclear." It appears to have never been enforced and in 1965 the Post Office indicated it had no objection to deleting the law. However, in 1974 the United States Postal Service took the position that the 1938 law granted an unlimited and perpetual copyright in its stamp designs without regard to the formalities, time limits, and other provisions of the copyright statute.

That position seems to be at odds with Article 1, Section 8 of the U.S. Constitution that grants a "limited monopoly" for copyright owner. We have written to the USPS for guidance and have not yet heard back. Our conclusion is that U.S. Postage Stamps were not protected until 1978.

Chapter 13 [Copyright Research]

Hire a Private Search Company – Page 3/19

The fees for hiring a private company to perform a copyright search depend on the nature of the search. Basic searches are often less than the $300 fee quoted in the text. Companies such as Thomson & Thomson can perform copyright searches for as little as $75.

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