File:Edmund Wilson.jpg

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Original file ‎(497 × 658 pixels, file size: 153 KB, MIME type: image/jpeg)

Captions

Captions

Publicity photograph of writer Edmund Wilson released without a copyright notice

Summary[edit]

Description
English: Publicity photograph of literary critic and writer Edmund Wilson (1895-1972) taken at 52 W. 52nd Street in New York City by studio portraitist Ben Pinchot circa April 1936. As Wilson paid Pinchot for this publicity photograph, the copyright wholly resided with Wilson. The author distributed this publicity photograph to promote his upcoming 1936 book Travels in Two Democracies published by Harcourt, Brace & Company. According to archivists at the U.S. Library of Congress and the New York Public Library, Wilson's publicist Dorothy Larrimore of Doubleday & Company again freely released and distributed this publicity photograph without a copyright notice and with no use restrictions ten years later to promote the author's 1946 book Memoirs of Hecate County. As physical copies of this publicity photograph were released and distributed by his authorized publicist in 1946 without a copyright notice to hundreds of press outlets in order to promote Wilson and his books, it resides in the public domain. See the original uncropped physical copy of the publicity photograph sent to press outlets with no copyright and no use restrictions.

Original caption:

EDMUND WILSON — Author of TRAVELS IN TWO DEMOCRACIES, published by Harcourt, Brace and Company
Date April 1936 (Photograph taken in 1936) (Released without a copyright notice in 1946)
Source

This publicity photograph appeared in numerous publications for articles related to the author or his books:

Author
Ben Pinchot  (1890–1986)  wikidata:Q105444491
 
Description American photographer
Date of birth/death 1890 Edit this at Wikidata 6 January 1986 Edit this at Wikidata
Work location
Manhattan Edit this at Wikidata
Authority file
creator QS:P170,Q105444491
Permission
(Reusing this file)
English: Under U.S. copyright law prior to 1964, publicity photographs, advertisements, and other promotional materials would need to include their own valid copyright notice, separate from any copyright notice for the periodical as a whole, in order to establish copyright protection. According to archivists at both the U.S. Library of Congress and the New York Public Library, Dorothy Larrimore of Doubleday & Company freely distributed this publicity photograph without a copyright notice in 1946 to newspapers and all other publications. This publicity photograph was extensively used to promote Edmund Wilson's 1946 book, Memoirs of Hecate County. See the corresponding entry in the U.S. Library of Congress catalogue clearly identifying the image's release and distribution as a publicity photograph:

"Publicity photograph from: Dorothy Larrimore of Doubleday and Company, Inc., announcing publication of "Memiors [sic] of Hecate County."

Furthermore, Wikimedia Commons user Flask contacted and conversed with the Prints & Photographs Division at the U.S. Library of Congress in Washington, D.C. A librarian confirmed the work is identified as a publicity photograph released for promotional purposes without a copyright notice:

"...The accompanying record states the item was sent by Dorothy Larrimore of Doubleday and Company, Inc., announcing publication of "Memiors [sic] of Hecate County".... The item is described as a publicity photograph.... The item in the library's possession does not bear a copyright notice...."

In sum: 1.) since this publicity photograph was released for promotional purposes without a copyright notice prior to 1977, and 2.) since copyright law deems the act of publication to include the distribution of a discernible copy (i.e., the act of distribution itself is deemed publication regardless of whether or not the photograph appears in a book or magazine), and 3.) since an exhaustive inspection by the U.S. Library of Congress in 1996 found no evidence indicating a valid copyright for this photo, this image resides in the public domain. Finally, if any future entity attempts to exert a copyright claim, the fact that Wilson and his authorized publicist distributed this work as a publicity photograph with no use restrictions would negate such retroactive claims. You cannot retroactively claim copyright on an image after its copyright holder authorized its distribution without any conditions.
This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original 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 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.

العربية ∙ Deutsch ∙ English ∙ español ∙ français ∙ galego ∙ italiano ∙ 日本語 ∙ 한국어 ∙ македонски ∙ português ∙ português do Brasil ∙ русский ∙ sicilianu ∙ slovenščina ∙ українська ∙ 简体中文 ∙ 繁體中文 ∙ +/−

Flag of the United States
Flag of the United States

This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.

Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.
Other versions
Image extraction processThis file has an extracted image: Edmund Wilson (cropped).jpg.
lang=en
This image is available from the New York Public Library's Digital Library under the strucID 302150
This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required. See Commons:Licensing for more information.
This image is available from the United States Library of Congress's Prints and Photographs division
under the digital ID cph.3c16952.
This tag does not indicate the copyright status of the attached work. A normal copyright tag is still required. See Commons:Licensing.

العربية ∙ беларуская (тарашкевіца) ∙ বাংলা ∙ čeština ∙ Deutsch ∙ English ∙ español ∙ فارسی ∙ suomi ∙ français ∙ galego ∙ עברית ∙ magyar ∙ Bahasa Indonesia ∙ italiano ∙ 日本語 ∙ lietuvių ∙ македонски ∙ മലയാളം ∙ Nederlands ∙ polski ∙ português ∙ português do Brasil ∙ română ∙ русский ∙ sicilianu ∙ slovenčina ∙ slovenščina ∙ Türkçe ∙ українська ∙ 简体中文 ∙ 繁體中文 ∙ +/−

Licensing[edit]

This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art. 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 (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.

العربية ∙ беларуская (тарашкевіца) ∙ čeština ∙ Deutsch ∙ Ελληνικά ∙ English ∙ español ∙ français ∙ Bahasa Indonesia ∙ italiano ∙ 日本語 ∙ 한국어 ∙ македонски ∙ Nederlands ∙ português ∙ русский ∙ sicilianu ∙ slovenščina ∙ ไทย ∙ Tiếng Việt ∙ 中文（简体） ∙ 中文（繁體） ∙ +/−

Flag of the United States
Flag of the United States

This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.

Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.

File history

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Date/TimeThumbnailDimensionsUserComment
current15:02, 13 September 2023Thumbnail for version as of 15:02, 13 September 2023497 × 658 (153 KB)Flask (talk | contribs)Grayscale
09:46, 2 January 2012Thumbnail for version as of 09:46, 2 January 2012497 × 658 (154 KB)Jbarta (talk | contribs)crop, minor cleanup
00:16, 11 February 2010Thumbnail for version as of 00:16, 11 February 2010533 × 760 (58 KB)Alcmaeonid (talk | contribs){{Information |Description={{en|1=Edmund Wilson - Gelatin silver print}} |Source=NYPL Digital Gallery |Author=unknown |Date=unknown |Permission= |other_versions= }} {{NYPL-image|302150}} Category:Literary critics from the United States

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