RE: How can the Bettmann Archive possibly work (or be legal) ?
Bettman does not charge for the copyright use but for the physical
ownership of the photo or other work. They are the preserver and
keeper of the archive and therefore in order to maintain the works
for access and use in another work they charge for that use. They
also do searches for you of their archives and this can be invaluable
to a researcher for a publication or documentary.
Elaine Coolbrith
<elaine_coolbrith[_at_]wgbh.org>
> Date: 10/19/95 9:19 PM
> To: Elaine Coolbrith
> From: cni-copyright[_at_]cni.org
>
> Remember last week's news about Bill Gates buying the Bettmann Archive -
> a large collestion of drawings, photos, etc. ?
>
> The NY Times article mentioned that the BA had rights to David's portrait
> of Napoleon astride a horse, atop the Alps (you've seen the painting: for
> years it was used to advertise brandy or wine).
>
> I also recall seeing illustrations from medieval manuscripts with the
> credit line: "Courtesy Bettmann Archive."
>
> I have two questions:
>
> The painting question: this portrait is circa 1805. Hasn't the copyright
> expired? (At least in the USA?) The only way I can see the BA attempting
> to retain it is by rephotographing (or recopying) the portrait each year,
> and supplying a 'fresh copy' of it to those wishing to use it. Obviously,
> then, the way around that is to find a book printed pre-1920 with a copy
> of the portrait within, and use that as the source for the portrait.
>
>
> The manuscript question: a 'book' published, say, in 1100 A.D., probably
> wasn't copyrighted (correct me when I'm wrong). If it was reprinted in,
> say, 1950, copyright would be owned by (probably) the publisher. But,
> let us say it was published (reprinted) in 1919. Wouldn't it now (in the
> USA) be in the public domain ?
>
> So, am I wrong ? If so, where ?
>
> And if I'm not wrong, how can the Bettmann Archive charge for use of their
> pictures?
>
> I can see charging for the legwork ("I need a picture of a bird-headed guy
> in a cowl, wielding a scythe") but how can they say they 'own the rights
> to' pictures in cases such as those I've described ?
>
> James P. ('Jim') Vichench
> Esoteric Resources Incorporated {esoteric[_at_]esoteric.com,esoteric[_at_]inch.com}
> Web Masters, Hardware/Software/Instructional Documentation
> http://www.inch.com/user/esoteric/www/mirror/OurCompany.html
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Received on Fri Oct 20 1995 - 13:33:11 GMT