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File:Barry Manilow "Manilow" (1985 press photo).jpg

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Original file (1,412 × 1,418 pixels, file size: 250 KB, MIME type: image/jpeg)

Summary

Description
English: Barry Manilow in a 1985 publicity photo in promotion of his album Manilow.
Date
Source ebay: https://www.ebay.com/itm/203758501965 Archive: https://archive.ph/NINYo
Author Distributed by RCA Records
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.

• Photo was originally issued sometime in 1985 to promote his album, the date stamped on back indicates a publication of 1988 which still predates March 1, 1989.

• Manilow only had one album issued by RCA Records, and can be dated to the year of 1985 accordingly.
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

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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Captions

Barry Manilow in 1985

Items portrayed in this file

depicts

File history

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Date/TimeThumbnailDimensionsUserComment
current20:05, 3 June 2024Thumbnail for version as of 20:05, 3 June 20241,412 × 1,418 (250 KB)PascalHDCropped 5 % horizontally, 11 % vertically, 16 % areawise using CropTool with precise mode.
20:00, 3 June 2024Thumbnail for version as of 20:00, 3 June 20241,489 × 1,600 (262 KB)PascalHDfront
20:00, 3 June 2024Thumbnail for version as of 20:00, 3 June 20241,496 × 1,600 (154 KB)PascalHDUploaded a work by RCA Records from https://www.ebay.com/itm/203758501965 with UploadWizard

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