File:Kate Bush (1982 EMI publicity photo) 01.jpg

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Original file (711 × 698 pixels, file size: 56 KB, MIME type: image/jpeg)

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Summary

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Description
English: Kate Bush in a 1982 publicity photo for The Dreaming. Photo was re-issued in 1985 to promote Hounds of Love.
Date
Source eBay Archive No copyright markings visible with photo.
Higher resolution photo scan here
Author Distributed by EMI America
Permission
(Reusing this file)
English: No permission is required for the following reasons:
  1. A search was conducted through the U.S. Copyright Office public catalog, and there is NO record that this was subsequently registered within 5 years of publication. As such, the opportunity for copyright protection on the photo was forfeited and it entered the public domain.
  2. The source images linked above are mechanical scans of the underlying public domain work. These scans are faithful reproductions of the photograph that do not meet the threshold of originality necessary to assert a copyright interest.

English: This is a publicity still taken and publicly distributed to promote the subject or a work relating to the subject.
  • As stated by 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."
  • Nancy Wolff, in The Professional Photographer's Legal Handbook (Allworth Communications, 2007, p. 55.), notes:
    "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."
  • Film industry author Gerald Mast, in Film Study and the Copyright Law (1989, p. 87), writes:
    "According to the old copyright act, such production stills were not automatically copyrighted as part of the film and required separate copyrights as photographic stills. The new copyright act similarly excludes the production still from automatic copyright but gives the film's copyright owner a five-year period in which to copyright the stills. Most studios have never bothered to copyright these stills because they were happy to see them pass into the public domain, to be used by as many people in as many publications as possible."
  • Kristin Thompson, committee chairperson of the Society for Cinema and Media Studies writes in the conclusion of a 1993 conference of cinema scholars and editors[1], that:
    "[The conference] expressed the opinion that it is not necessary for authors to request permission to reproduce frame enlargements... [and] some trade presses that publish educational and scholarly film books also take the position that permission is not necessary for reproducing frame enlargements and publicity photographs."


Licensing

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This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
Public domain
This work is in the public domain because it was published in the United States between 1978 and March 1, 1989 without a copyright notice, and its copyright was not subsequently registered with the U.S. Copyright Office within 5 years.

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This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.


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File history

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Date/TimeThumbnailDimensionsUserComment
current03:50, 6 March 2023Thumbnail for version as of 03:50, 6 March 2023711 × 698 (56 KB)PascalHD (talk | contribs)Cropped 17 % horizontally, 35 % vertically, rotated -0.5° using CropTool with precise mode.
03:43, 6 March 2023Thumbnail for version as of 03:43, 6 March 2023856 × 1,080 (87 KB)PascalHD (talk | contribs)Uploaded a work by EMI America from https://www.ebay.ca/itm/385447038861 with UploadWizard

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