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You have determined that the underlying work represented in this photographic reproduction is a copyrightable entity.

Continue with the following question:

Is the underlying work (the subject of this photographic reproduction) currently protected by copyright?

You may wish to use the following resource links and references to help answer this question --

• What Is Publication?
  (USCO:  Circular 1, Copyright Basics:   Publication)   http://www.loc.gov/copyright/circs/circ1.html#pub
• Notice of Copyright
  (USCO:  Circular 1, Copyright Basics:  Notice of Copyright)   http://www.loc.gov/copyright/circs/circ1.html#not
• Duration of Copyright
  (USCO:  Circular 15:  Duration of Copyright)    http://www.loc.gov/copyright/circs/circ15a.pdf
• New Terms for Copyright Protection
  (USCO:  Terms for Copyright Protection)   http://www.loc.gov/copyright/circs/sl15.pdf

Summary:

Works Published Before January 1, 1978:

• Works published before 1923 are in the public domain.
  [Historic works of art are not subject to copyright.]
• Works published from 1923 through 1963 were protected from the date of publication with notice for 28 years, and, if renewed, for a total of 95 years. If not renewed, they are in the public domain.
• Works published from 1964 through 1977 are protected from the date of publication with notice for a term of 95 years (28 years plus an automatic extension of 67 years).

Works Created But Not Published Before January 1, 1978:

• Works created before January 1, 1978, but not published are protected from January 1, 1978 (the effective date of the 1976 Copyright Act, which eliminated common law copyright for unpublished works) for the longer of life of the author plus 70 years or until December 31, 2002.
• Works created before January 1, 1978, but published between then and December 31, 2002 are protected from January 1, 1978 for the longer of life of the author plus 70 years or until December 31, 2047.

Works Created On or After January 1, 1978:

• Under the provisions of the Copyright Term Extension Act of 1998, works created on January 1, 1978 or later are protected from the moment of their fixation in a tangible medium of expression, for the life of the author plus 70 years (the term of joint works is measured by life of the longest-lived author); or, if the work is of corporate authorship, the shorter of 95 years from publication or 120 years after creation. (The term of 120 years after creation also applies to works created for hire, anonymous, and pseudonymous works.)

For most foreign works and publications covered under provisions of the Berne Convention (including European Copyright Union nations), the period of coverage is for the life of the creator plus 70 years for the rights of that person's estate.

The date for the death of an artist active during any part of the 20th century can usually be ascertained through consultation of standard resources such as the Getty Information Institute's Union List of Artists' Names (ULAN), Havlice's Index to Artistic Biography, etc.

Yes

No