Re: Publicity Materials

On Wed, Feb 17, 1999, Linda Cullen <lcullen[_at_]sipress.si.edu> wrote:
>
> One of our authors is gathering permissions to use material in her book.
> She wants to know if she can use press packet materials from one of the
> world's fairs without permission.
>
> I say no, because the press packets were meant to advertise that fair.
> The individual components of the packets (text & photos or artwork) may
> be copyrighted by the world's fair program office or other individual
> copyright owners. Am I correct?
>
> Also, in regard to using movie stills that were used in publicity for
> the movie, again, they were meant for use by theaters and newspapers,
> etc. to advertise the movie, but copyright is probably still owned
> by the studios and permission to publish them in a book must be
> obtained from them. Correct?
>
> Any advice is appreciated.

It would depend, to my mind, on whether the distribution of the press materials was accompanied by an express license limiting their re-se to certain conditions, or was subject only to an implied license that might cover a broader range of subsequent uses by the recipient. In practice, authors of books on motion pictures commonly reprint photos and other materials from motion picture press kits without seeking new permission, and to the best of my knowledge the practice has never been challenged by the mo pic studios.

Bob Cumbow
cumbr[_at_]perkinscoie.com
206-583-8566 Received on Thu Feb 18 1999 - 16:27:38 GMT