Are Vintage Postcards Copyrighted? 14


VintagePostcards4Some vintage postcards are copyright protected, and others are not.

If a postcard is copyright protected, it cannot be reproduced or used without permission. However, many vintage postcards are not copyright protected and are available in public domain – which means they can be reproduced and used freely by anyone.

Let’s take a look at some facts.

Postcards Published:

  • Before 1923 – are in public domain and can be used freely by anyone.
  • Between 1923 and 1978 – without a public copyright notice, are also in public domain.
  • Between 1923 and 1963 – published with a copyright notice, but the copyright has not been renewed, are available in public domain.
  • Between 1923 and 1963 – published with a copyright notice, and that notice has been renewed, are only available in public domain 95 years after the publication date.
  • Between 1964 and 1978 – published with a copyright notice, are available in public domain 70 years after the death of the author. If the postcard was a corporate authorship, it is in public domain 95 years after the publication or 120 years from when it was first created.
  • Between 1978 and March 1, 1989 – without an initial public copyright notice, but then a copyright notice was filed after publication, are in public domain only 70 years after the death of the author. If the postcard was a corporate authorship, it is in public domain 95 years after the publication or 120 years from when it was first created.
  • Between 1978 and March 1, 1989 – with a copyright notice, are in public domain only 70 years after the death of the author. If the postcard was a corporate authorship, it is in public domain 95 years after the publication or 120 years from when it was first created.
  • After March 1, 1989 – without a public copyright notice are in public domain only 70 years after the death of the author. If the postcard was a corporate authorship, it is in public domain 95 years after the publication or 120 years from when it was first created.

Where do you find public domain vintage postcards?

Here’s a list of a few of my favorite sources for public domain postcards:

What do you do with postcards once you’ve determined they are available in public domain?

VintagePostcards2Use the digital copies in your art! Here are some ideas:

  • You could print multiple copies of your favorite vintage postcard scans and use them as greeting cards to send to friends and family.
  • Incorporate the scanned images in your scrapbook pages, journals, or artist trading cards.
  • Print a collection of vintage postcards and use them as guest cards at a wedding – your guests will be delighted writing a message to you on your special day, and you’ll have a memento to keep.
  • Use the digital scans on your blogs, website, or social media.
  • Print copies of your favorite postcards, frame them, and hang them for decor. For example, I love using vintage beach-themed postcards as decor in our pool house.
  • Print copies of postcards onto iron-on transfer paper and use the images on t-shirts, canvas tote bags, napkins, and other fabric.
  • Use color-laser prints of the digital postcards for decoupage projects.

 

Do you have a favorite source for finding public domain postcards? Please share in a comment below!

 

Copyright References:

Cornell Copyright Information Center
The Library of Congress Prints & Photographs Reading Room

 


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14 thoughts on “Are Vintage Postcards Copyrighted?

  • Molly

    I really love the idea of using them for scrap book pages, especially if you are going back and doing family history with your parents images etc
    thanks for the tip

  • jeff

    How about a pre-1923 postcard for sale on ebay? Does the person selling it own the rights to the image? Can someone copy the image of the postcard off the ebay listing and use that?

    • JayDee Post author

      Hi Jeff –

      Good question! While the postcard itself may be free of copyright and therefore available in the public domain, the photograph of the postcard for sale is the property of the person who took the photo, and that photograph is therefore copyrighted by the photographer. To use that photograph, you would need to get permission (Creative Commons licensing) from the photographer.

      The other option, of course, is to purchase the postcard and take your own photo to be used as you see fit.

      See U.S. Copyright Act at 17 U.S.C. 106 at http://www.copyright.gov/title17/92chap1.html#106 for more details on photography copyrights and ownership and see 17 USC Section 107 http://www.copyright.gov/title17/92chap1.html#107 for more information on the “fair use” policy.

      While I am not an attorney, the information I have is from research and experience regarding this topic. I hope you find this information helpful!

    • JayDee Post author

      Hi Sam – The copyright laws are a little different depending on the age of the postcard. Do you know the year your postcard was printed? If your postcard was printed before 1923, it is not copyrighted. If your postcard was first published between 1923 and 1978, then special conditions regarding copyright apply. You would need to know the date first published, the country of origin (which sounds like Germany), and the year of death of the artist. With this information, you would be able to determine if the postcard is still under copyright. I hope this helps!

  • Viv

    Hi
    I am an artist and I want to know if I can print onto fabric – vintage coloured flapper postcard images and sell these images. What are the copyright issues that I am faced with?
    Also if I have bought a vintage postcard can I use the image does it have copyright.

    • JayDee Post author

      Hi Viv –

      If the vintage or antique postcard(s) you are using are not copyright protected, you can reproduce them on fabric without any issues.

      The act of just buying a copyright protected postcard does not transfer the copyright to you. So if the postcard is still covered under copyright protection, you would not be able to reproduce those images.

      The main thing is to know for sure when the postcard(s) you want to use were printed. If they were printed in the USA before 1923, generally they are not copyright protected. If your postcard(s) were printed between 1923 and 1978, the special conditions regarding copyright apply. See the details in the article for more information. The two links at the bottom of the article will also give you more information.

      I hope this helps!

  • Caroline Palmer

    Please advise: you write:
    “Between 1923 and 1963 – published with a copyright notice, and that notice has been renewed, are only available in public domain 95 years after the publication date.”

    But how do I find out whether the copyright has been renewed?

    • JayDee Post author

      Hi Caroline – That’s a good question. One way you can check on copyright renewals is through the United States Copyright Office. There are several search options on this website that MIGHT help you. I say “might” because not all postcards will be included on that website, especially postcards that were printed outside the USA.

      Another possible method is to search for a postcard to see if it has been reprinted with a new copyright date. Sometimes doing an image search can help you find current versions from the same publisher.

      The Library of Congress is another resource, especially for copyright material dated before 1978.

      The United States Copyright Office has a publication that you might also find helpful, it’s called “How to Investigate the Copyright Status of a Work“.

      I hope you find this information helpful!

  • camilla

    I have real photographs on postcards of indian riots in 1947 roughly. There is nothing on the back to say who took them or any details, just says postcard, can I sell them as photographs or am I bound by copyright laws, or should I sell them as postcards? It is very difficult to gain any knowledge on what they are worth? Have u any advice on what I can do with them, can I sell them to a picture house? Tia.

    • JayDee Post author

      Hi Camilla – Your photo postcards sound really interesting. You can sell the actual physical photos and physical postcards that you own without worrying about copyright laws. You can sell them either as photos or as postcards – as long as you are selling the physical photos or postcards.

      The copyright laws come into play if you were to scan the photos and postcards and then sell them as digital images. Since you don’t own the copyright, selling digital versions may go against copyright laws.

      I understand finding the value of items like this can be difficult. You could bring them to an antique store near you and see if they have someone there who might be an antique appraiser, or perhaps they may know of an appraiser locally. Another source for finding the value of items is Worthpoint. This is a paid service, but they do offer a free trial. And, other source would be to contact Country Living Magazine – they have a regular feature called “What is it and what’s it worth”. They select pieces readers have submitted and then have their professional appraisers give more information about the items. And lastly, you might also find an appraiser through Antique Trader magazine. You can contact them directly through their Facebook Page.

      I hope this information is helpful!