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File:Welles It's All True.jpg

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Summary

Description Publicity photograph of Orson Welles on location in Fortaleza, Brazil, while filming the "Jangadeiros" section of the unfinished film It's All True
Date Taken on 26 June 1942 per RKO production board present in the photograph
Source Self scan of black-and-white publicity photograph issued for the documentary It's All True: Based on an Unfinished Film by Orson Welles
Marginal printing on this print credits Paramount Pictures, Copyright 1993
Author RKO Pictures. No photographer is credited; still photographer Ned Scott was among those who were part of the film crew.
Permission
(Reusing this file)

Although Paramount asserts copyright on the margin of this print released as promotion for a 1993 documentary about the uncompleted project, no photographer is credited and It's All True was a 1942 production of RKO Pictures. No copyright holder is listed for the image as it appears in the section of photographs following page 110 in Simon Callow's Orson Welles: Hello Americans (2006). The book's picture credits on page x concludes with this statement: "The author and publishers have made every effort to trace and contact copyright holders." Likewise, no copyright holder is listed for the image as it appears on page 132 of Robert Stam's Tropical Multiculturalism: A Comparative History of Race in Brazilian Cinema Culture (1997), or page 77 of Joseph McBride's What Ever Happened to Orson Welles? (2006).

As stated by film production expert Eve Light Honthaner in The Complete Film Production Handbook, (Focal Press, 2001 p. 211.):

"Publicity photos 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, includes a similar explanation:

"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.)

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 with cinema scholars and editors, that they "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."[1]

Licensing

Public domain
This work is in the public domain because it was published in the United States between 1929 and 1963, and although there may or may not have been a copyright notice, the copyright was not renewed. For further explanation, see Commons:Hirtle chart and the copyright renewal logs.
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 (70 years p.m.a.), Mainland China (50 years p.m.a., not Hong Kong or Macao), Germany (70 years p.m.a.), Mexico (100 years p.m.a.), Switzerland (70 years p.m.a.), and other countries with individual treaties.

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Date/TimeThumbnailDimensionsUserComment
current19:30, 24 April 2024Thumbnail for version as of 19:30, 24 April 20242,440 × 1,766 (1.93 MB)WFinch{{Information |Description=Publicity photograph of Orson Welles on location in Fortaleza, Brazil, while filming the "Four Men on a Raft" section of the unfinished film ''It's All True'' |Source=Self scan of black-and-white publicity photograph issued for the documentary ''It's All True: Based on an Unfinished Film By Orson Welles''<br>Marginal printing on this print credits Paramount Pictures, Copyright 1993 |Date={{taken on|1942-06-26}} per RKO production board present in the photograph |Aut...

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