The Illustrated Story of Copyright
© 2000 by Edward Samuels

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[269]

Photo Credits and Acknowledgments

 

 

 

 

[269] Try being polite.

Just politely try asking to use a character in a book, and see what it sometimes gets you. (The following is a response to one of my requests; the emphasis is in the original.)

                Thank you for submitting your proposal requesting the rights to license the above referenced property for use in conjunction with your project. While we greatly appreciate your interest in our properties, due to a variety of business and legal considerations, we do not license the above mentioned for the purposes stated in your letter under any circumstances.

                Please be advised that all material contained in and relating to the above-referenced property is copyrighted and we control all rights. Therefore, under no circumstances are you to use any materials of any characters from the films, the titles, or make any reference to the property for any purpose whatsoever.

Warnings sometimes have to be bold in order to have any effect, but surely I’m at least allowed to refer to a character in my book, even without the permission of the copyright owner.

The downside of copyright is that it’s quite an undertaking to track down and get all the permissions that are required. It’s cost me about twice my advance just to acquire the photos and pay for the permissions to use them. (Now I know why no one has ever written a book like this.) There are some people who suggested that I was getting a little fanatical about permissions, and that it would have been a lot cheaper, and not that much of a risk, to just use what I wanted under a fair use argument. Since the book is about copyright, however, I’ve tried to play by the rules.

            Another downside is that I just wasn’t able to get permissions for some photos, no matter how much I was willing to pay. For example, I would have loved to have more examples of “characters” whose works are protected, but the owners of some of the most successful characters simply wouldn’t license the rights. I respect that, since one right to copyright is the right to say no; but it does mean my book is not as illustrated as I would have liked.

            Many of the older works are in the public domain, so no permission was required. In a few instances, I’ve used works even when I was unable to track down the copyright owners after several attempts. And in a few instances, particularly in the case of defendants who [270] were found to have infringed, I’ve either not asked for permission, or used the defendants’ works without permission, under the fair use doctrine.

            For the most part, however, the authors and other copyright owners were a very cooperative lot, and I thank all of them for helping to make this a more interesting and informative book.

            In a few instances, after scanning in images, I’ve touched them up using Adobe Photoshop. For example, I cleaned up the image of the kinetoscope parlor, even though it previously has been published with a large blotch in the lower left corner. And I’ve taken out some imperfections in the images of Lew Wallace, Harriet Beecher Stowe, and the cover of the sheet music to After the Ball. In all such cases, I consider that my efforts restored the works to their previous condition, rather than altering the intentions of the original creators.

            Photo credits are to pages. Where there is more than one picture on a page, the abbreviations are as follows: T=top; B=bottom; L=left; R=right; M=middle (either horizontally or vertically).

 

Introduction: Thomas Jefferson Never Saw Anything like This

 

4L Music at Uplawn, 1880s, photo by Leonard Dakin, New York State Historical Association, Cooperstown, N.Y.

 

4R CORBIS/Bettmann-Gendreau

 

5L Ed Clark/Life  magazine © Time, Inc.

 

5R, 6 © Edward Samuels

 

Chapter 1: Books and Other Literary Works

 

10TL Jan van der Straet’s Nova reperta, Smithsonian Institution Libraries, Smithsonian Institution

 

10TR, 10B © Bettmann/CORBIS

 

13 Reprinted from Harry Ransom, The First Copyright Statute: An Essay on an Act for the Encouragement of Learning, 1710  (1956)

 

15 H. B. Hall & Sons engraving of a portrait by Samuel F. B. Morse, Yale Picture Collection, Manuscript and Archives, Yale University Library

 

17 Collection of the New-York Historical Society, negative 277

 

19T, 19B Courtesy Xerox Historical Archives

 

[271] 21 Courtesy National Institutes of Health

 

23L, 23R © Bion Smalley, reprinted by permission

 

Chapter 2: Music and Sound Recordings

 

32L Culver Pictures

 

32R Reprinted from Lynn Wenzel & Carol Binkowski, I Hear America Singing  (1989)

 

33 Courtesy U.S. Dept. of the Interior, National Park Service, Edison National Historic Site

 

34T © Hulton-Deutsch Collection/CORBIS

 

34B Photo by Clarence Thorne

 

36T Courtesy of Sears, Roebuck and Co.

 

36B Photofest

 

37 © Diplomat Records

 

38T © Palace Records

 

38B © Damont Records Ltd.

 

39L © Eurovox Music, Rozenlaan 43, Schilde, Belgium

 

39M © Capitol Records, Inc.

 

39R © Audio Fidelity

 

41 Reprinted from National Geographic Society, Those Inventive Americans  (1971)

 

42L, 42R Collection of the New-York Historical Society, negatives 73197 and 73198

 

42B Courtesy of Herbert Jacoby, photographer unknown

 

46L © Eastman Kodak Co., Industrial Laboratory, reproduced from C.P. Gilmore, The Scanning Electron Microscope: World of the Infinitely Small  (1972), courtesy of Eastman Kodak Company. KODAK is a trademark.

 

46R “Stylus” illustration from The Way Things Work, by David Macauley. Compilation copyright © 1988 by Dorling Kindersley, Ltd. Illustration copyright © 1988 by David Macauley. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

 

47T Illustration by Chris Costello from Infoculture: The Smithsonian Book of Information Age Inventions, by Steven Lubar. Copyright © 1993 by Houghton Mifflin Co. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

 

47B Courtesy of Mark of the Unicorn

 

[272] Chapter 3: Movies and Television

 

56T Bettmann/CORBIS

 

56BL, 56BR Courtesy U.S. Dept. of the Interior, National Park Service, Edison National Historic Site

 

58 Culver Pictures

 

59T, 59B Billy Rose Theater Collection, The New York Public Library for the Performing Arts. Astor, Lenox, and Tilden Foundations.

 

60 Library of Congress, LC-USZ62-536

 

61 From The World Book Encyclopedia  © 1957, by permission of World Book, Inc.

 

62T, 62B Photofest

 

67 Illustration by Chris Costello from Infoculture: The Smithsonian Book of Information Age Inventions, by Steven Lubar. Copyright © 1993 by Houghton Mifflin Co. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

 

68 Reprinted with permission. Paul Conrad. Los Angeles Times Syndicate, 1981.

 

73L, 73R © Roger Ressmeyer/CORBIS

 

Chapter 4: The Computer

 

74 Illustration by Anita Costello

 

75 Cover photo by Jon Brenneis, by permission from Scientific American, Inc.

 

78TL  Culver Pictures, by permission of Philips Electronics N.A. Corporation

 

78TR PAC-MAN ® © 1980, 1985 Namco Ltd. All rights reserved. Courtesy of Namco Holding Corp.

 

78BL, 78BR Copyright 200 Nintendo. Images courtesy of Nintendo Corp. of America, Inc.

 

83T, 83B, 87T Photos courtesy of Apple Computer, Inc.

 

87B Reprinted with permission from Microsoft Corporation

 

90L, 90TR, 90BR Reprinted by permission of Intel Corporation. Copyright Intel Corporation 2000

 

90 MR © Owen Franken/CORBIS

 

94T Illustration by Anti Costello

 

94BL © CMC Research

 

94BM By permission of DeLorme Mapping

 

94BR Reprinted with permission from Microsoft Corporation

 

[273] 96T Photograph has been altered using Kai’s Power Goo software. This image belongs to Scansoft, Inc. www.scansoft.com

 

96M, 96B © Claire Samuels 2000, using Ray Dream Studio

 

Chapter 5: The Internet

 

97T Detail from Men of Progress, by Christian Schussele, National Portrait Gallery, Smithsonian Institution

 

99B Collection of the New-York Historical Society, negative 28545

 

100L National Museum of American History, Smithsonian Institution

 

100R Property of AT&T Archives. Reprinted with permission of AT&T

 

107 By permission of MIT

 

109L, 109R By permission of IBM, Ogilvy & Mather, Denis Leary, and Jeremy Blake Collins

 

113L, 113R Photo by Dave McFarland, reprinted by permission of Macworld  magazine

 

118 © The New Yorker Collection 2000 Jack Ziegler from cartoonbank.com. All rights reserved.

 

121L © TotalNEWS

 

121R © Fox News Network, L.L.C.

 

Chapter 6: What Does Copyright Protect?

 

129 © 2000 Sesame Workshop. © 2000 Jim Henson Company

 

132L, 132R © New York City Transit Authority, used with permission of the Metropolitan Transportation Authority

 

133 Reprinted from Samuels F.B. Morse, by William Kloss, The Vincent Price Treasury of American Art

 

134 Reprinted from Rockwell Kent, World Famous Paintings  (1939)

 

135L, 135R By permission Bridgeman Art Library

 

136 Reprinted from Roy Meredith, The World of Mathew Brady: Portraits of the Civil War Period  (1970)

 

137 Photo by Napoleon Sarony, reprinted from New York Metropolitan Museum postcard, Gilman Paper Co. collection

 

139 Reprint courtesy of Eastman Kodak Company. KODAK is a trademark.

 

140L Culver Pictures

 

140R The Harvard Theatre Collection, The Houghton Library, Harvard University

 

141 Library of Congress, LC-USZ62-24541

 

[274] 142L, 142R Photos by Clarence Thorne, banks courtesy of Robert Faber

 

143L The Metropolitan Museum of Art, Gift of Edward D. Adams, 1908 (08.210). All rights reserved, The Metropolitan Museum of Art.

 

143M, 143R Photos by Clarence Thorne, courtesy National Archives and Records Administration, New York

 

145TL, 145TR Courtesy Dance Notation Bureau, from Muriel Topaz, Elementary Labanotation: A Study Guide  (1966) (illustrations by Jessica Segall)

 

145BL Eventide, choreographed by Paul Taylor (1996-97) notated by Siân Ferguson (1996-97)

 

145BR © Johan Elbers, 1997 from Eventide, by Paul Taylor; Lisa Viola and Richard Chen See, dancers

 

146L, 146R Suzanne DeChillo/NYT Pictures

 

147 Culver Pictures. The Maltese Falcon  © 1941 Turner Entertainment Co. A Time Warner Company. All rights reserved.

 

148TL, 148TR, 148ML Courtesy King Features Syndicate and National Archives and Records Administration, New York, photos by Clarence Thorne

 

148BL Superman is a trademark of DC Comics © 2000. All rights reserved. Used with permission.

 

148BR Tarzan and His Mate  ©1934 Turner Entertainment Co. A Time Warner Company. All Rights Reserved.

 

149L By permission of U.S. Television Office, Inc.

 

149R By permission of Foxrock Books, Inc.

 

Chapter 7: What Rights Does Copyright Grant?

 

153L Culver Pictures. The Cohens and the Kellys  copyright © 2000 Universal City Studios, Inc. Courtesy of Universal Studios Publishing Rights. All rights Reserved.

 

153R Billy Rose Theater Collection, New York Public Library for the Performing Arts. Astor, Lenox, and Tilden Foundations.

 

154T Vandamm Studio, Billy Rose Theater Collection, the New York Public Library for the Performing Arts, Astor, Lenox, and Tilden Foundations.

 

154B Culver Pictures

 

156L, 156R By permission of Henry Glass & Co., photos by Clarence Thorne, courtesy National Archives and Records Administration, New York

 

157T Copyright © 1976 Estate of Saul Steinberg/Artists Rights Society (ARS), New York, with permission of The New Yorker Magazine, Inc.

 

[275] 158TL, 158TR By permission of Sid and Marty Krofft Productions

 

158BL, 158BR © McDonald’s Corporation

 

160L © Edward Samuels 2000

 

160R Thanks to the Ansel Adams Publishing Rights Trust

 

161L © John Duke Kisch—Separate Cinema Archive

 

162T © Howard Alt

 

165 From Alex Brychta, The Legend: The Illustrated Story of the Bee Gees  (1983) (illustration by David English), by permission

 

176L © Fantasy Records

 

176R © Warner Bros.

 

179 All © Business Software Alliance, by permission

 

Chapter 8: Copyright Limitations, Exclusions, and Compromises

 

181L Cuesheet to King of Kings,  Paramount Pictures, reprinted from John Baxter, Sixty Year of Hollywood  (1973)

 

181R Bettmann/CORBIS

 

182 By permission of Girl Scouts of the USA

 

185 Chair by Eero Saarinen, Knoll International, photo from Robert Bishop and Patricia Coblenz, American Decorative Arts  (1982)

 

186 © Spiegel Publishing Company 1999 (year of first publication). Disney characters © Disney Enterprises, Inc., used by permission

 

187 Martha Holmes/Life Magazine © Time, Inc.

 

189 Photofest

 

190 © Bion Smalley, reprinted by permission

 

193L © 1992 Annie Leibovitz/Contact Press Images, courtesy of the artist

 

193M Courtesy of Paramount Pictures. Naked Gun 33-1/3  Copyright © 2000 by Paramount Pictures. All rights reserved.

 

193R Photographed by Carolyn Jones. Paintbox photo illustration by Phillip Hefferman, Copyright Spy Magazine, L.P.

 

194TL © Art Rogers/Pt. Reyes, by permission

 

194B “Odie” © Paws, Inc. All rights reserved.

 

195TL The Cat in the Hat™ & © Dr. Seuss Enterprises, L.P. 1957. All rights reserved. Used by permission.

 

[276] 195BL Green Eggs and Ham™ & © Dr. Seuss Enterprises, L.P. 1960. All rights reserved. Used by permission.

 

196TL Photofest. From Here to Eternity © 1953, renewed 1981 Columbia Pictures Industries, Inc. All rights reserved. Courtesy of Columbia Pictures.

 

196BL Photofest. “Your Show of Shows” courtesy of NBC Studios, Inc.

 

196TR Photofest, Gaslight  © 1944 Turner Entertainment Co. A Time Warner Company. All rights reserved.

 

196BR Photofest. Used by permission of CBS Photo Archive.

 

198TR Disney Characters © Disney Enterprises, Inc., used by permission

 

198B MAD  is a trademark of E.C. Publications, Inc.. © 2000. All rights reserved. Used with permission.

 

199L, 199R Courtesy of Lil’ Joe Records, Inc./Lil’ Joe Wein Music (BMI)

 

203T © Sixth Floor,  c/o Jamie Silverberg

 

Chapter 9: Other Major Copyright Principles

 

207 Tom the Dancing Bug  © 1998 Ruben Bolling. Reprinted with permission of Universal Press Syndicate. All rights reserved.

 

208 Culver Pictures

 

210 © Michael Freeman, reprinted by permission

 

214 By permission of Community For Creative Non-Violence, photograph by Gayle Krughoff

 

217 Rear Window  copyright © 2000 by Universal City Studios, Inc. Courtesy of Universal Studios Publishing Rights. All Rights. Reserved.

 

220 © MGM/UA

 

226L By permission of Hugo Zacchini, the younger, son of Edmond

 

226M Photo by Bud Skinner, © 1977 Pro Arts, Inc., Medina, Ohio

 

227R Photograph © Bob Scott, by permission

 

228L, 228R AP/Wide World Photos

 

Chapter 10: International Copyright Relations

 

232 Reprinted from Barry Pritzker, Mathew Brady  (1992)

 

235 By permission of Philips Electronics N.A. Corporation

 

239 Culvert Pictures

 

243 Photofest

 

247 M.C. Escher’s Drawing Hands  © 2000 Cordon Art B.V.-Baarn—Holland. All rights reserved.

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Permission, Limitations, and Format