File:Ayn Rand (1943 Talbot portrait).jpg

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Original file ‎(831 × 1,008 pixels, file size: 311 KB, MIME type: image/jpeg)

Captions

Captions

Ayn Rand (1943)

Summary[edit]

Description
English: Photo portrait of Russian-American writer Ayn Rand used for the first-edition back cover of her novel The Fountainhead (1943).
Date published 1943
Source
English: Scan via rohrbachlibrary.wordpress.com (direct link to jpg). The portrait as originally published on the dust jacket of The Fountainhead can be seen at this listing on Worthpoint.
Author
English: Photo portrait credited to "Talbot" (though not on original dust jacket). Published by the Bobbs-Merrill Company.
Permission
(Reusing this file)
English: No permission is required because the portrait is in the public domain.
  1. First, the photo is a mechanical scan/photocopy cover and does not qualify for independent copyright protection.
  2. Second, the portrait was first published prior to 1978 without a valid copyright notice. The Fountainhead was first published in 1943; the hardcover book itself carried a copyright notice, so its contents remain copyrighted. However, the first-edition dust jacket did not carry a separate copyright notice. According to The Compendium of U.S. Copyright Office Practices: Chapter 2200, § 2207.1(C) at p. 15:
"A notice of copyright on the dust jacket of a book is not an acceptable notice for the book, because the dust jacket is not permanently attached to the book. Likewise, a notice appearing in a book is not an acceptable notice for the dust jacket or any material appearing on that dust jacket, even if the book refers to the jacket or material appearing on the jacket."

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. Neither the year nor a copyright symbol appear anywhere on the dust jacket.

Licensing[edit]

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:
This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art. 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 (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.

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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.

Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.

File history

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Date/TimeThumbnailDimensionsUserComment
current20:24, 17 May 2020Thumbnail for version as of 20:24, 17 May 2020831 × 1,008 (311 KB)Blz 2049 (talk | contribs)== {{int:filedesc}} == {{Information |Description={{en|1=Photo portrait of Russian-American writer Ayn Rand used for the first-edition back cover of her novel ''The Fountainhead'' (1943).}} |Source={{en|1=Scan via [https://rohrbachlibrary.wordpress.com/2011/02/03/and-ayn-rand-ayn-rand-so-far-away/ rohrbachlibrary.wordpress.com] ([https://rohrbachlibrary.files.wordpress.com/2011/02/ayn_rand_bytalbot_3001.jpg direct link to jpg]). The portrait as originally...

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