Stan Brakhage (circa 1976)


Autor:
Photograph by Friedl Kubelka. Though the photo was not attributed in the Filmex '76 program, it was later used on the cover of Kubelka's 2006 book Portraits of American Independent Filmmakers 1974–1981, confirming its authorship.
Credit:
*Original source: First published on the cover of the program to Stan Brakhage: A Retrospective, an exhibition at the 1976 Los Angeles International Film Exposition (Filmex). See the cover at Worthpoint here or here.
źródło:
Wymiary:
1581 x 2117 Pixel (1235709 Bytes)
Opis:
Portrait photograph of American experimental filmmaker Stan Brakhage (1933–2003).
Licencja:
Public domain
Komentarz do licencji:
No permission is required for two reasons:
  1. First, the photo is a mechanical scan/photocopy of the original cover and does not qualify for independent copyright protection.
  2. Second, the portrait was first published in the United States prior to 1978 without a valid copyright notice. The program for Stan Brakhage: A Retrospective did not carry any copyright notice whatsoever, and as such its entire contents—including the cover photo—entered the public domain upon publication. The entire text contents of program can be inspected online here, via the CineFiles Film Document Database at the Berkeley Art Museum and Pacific Film Archive, with the exception of the cover image (which can be seen via the links above).

Keep in mind that the pre-1989 requirements for copyright notice were highly formalistic and, other than a few enumerated exceptions, required these three elements:

  1. "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)";
  2. "The year of first publication for the work"; and
  3. "The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner."
If just one of these elements is omitted, the work is deemed to be published without notice and is not eligible for copyright protection. The program does name its year of publication, 1976, and the names of its publisher and several contributors, but neither the word "copyright" nor any acceptable variant appear.

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