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File:The Wizard of Oz Margaret Hamilton 1939 No 1.jpg

Original file(430 × 645 pixels, file size: 164 KB, MIME type: image/jpeg)

SummaryEdit

Description
English: Publicity photo of American actress, Margaret Hamilton as the Wicked Witch of the West in the 1939 MGM feature film The Wizard of Oz
Date Earliest date stamp on first photo is May 15, 1977 (date stamp on second photo is illegible).
Source eBay item #1 photo front photo back
eBay item #2 photo front photo back
Author It is unclear as to whether the press-materials were distributed by a publicity agency representing Ms. Hamilton or if they were distributed by an advertisement agency hired to publicize Maxwell House Coffee (represented in the second image seen on the right side of the uncropped photo).
Permission
(Reusing this file)

PD-PRE1978.

  • The photo has no copyright markings on it as can be seen in the links above (also see original upload).
  • It was created for publicity purposes-distribution to the media. The image was meant to bring attention and publicity for the personalities pictured, the program/product he/she was affiliated with, and/or the network/corporation airing/producing it, the same as the publicity photos of actors and actresses in the film industry were intended to do.

Film production expert Eve Light Honathaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):

"Publicity photos (star headshots) have traditionally not been copyrighted. Since they are disseminated to the public, they are generally considered public domain, and therefore clearance by the studio that produced them is not necessary."
"There is a vast body of photographs, including but not limited to publicity stills, that have no notice as to who may have created them." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.)
Creative Clearance-Publicity photos
"Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did)."
  • United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the copies.
1 The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”
2 The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.
3 The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.1 Example © 2007 Jane Doe.")

LicensingEdit

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This work is in the public domain in the United States because it was published in the United States between 1923 and 1977 without a copyright notice. See Commons:Hirtle chart for further explanation. 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.

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File history

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Date/TimeThumbnailDimensionsUserComment
current22:58, 23 August 2012Thumbnail for version as of 22:58, 23 August 2012430 × 645 (164 KB)Crakkerjakk (talk | contribs)Photo has been cropped and color-enhanced. Previous upload was to establish dating and that there are no copyright marks on the image.
22:57, 23 August 2012Thumbnail for version as of 22:57, 23 August 20122,060 × 1,632 (1.29 MB)Crakkerjakk (talk | contribs){{Information |Description=Publicity photo of American actress, Margaret Hamilton as the Wicked Witch of the West in the 1939 MGM feature film [[:en:The Wizard of Oz...
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