Image:TopHatORGI.jpg

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TopHatORGI.jpg‎ (401 × 600 pixels, file size: 105 KB, MIME type: image/jpeg)

[edit] Summary

Description: Low-res image of original poster for the film Top Hat (1935), featuring stars Ginger Rogers and Fred Astaire
Corporate author/original rights holder: Radio-Keith-Orpheum Corp./Radio Pictures Inc.
Source: Scan from private collection

[edit] Licensing

This work is in the public domain in the United States because it was published in the United States between 1923 and 1963, but copyright was not renewed with the US Copyright Office within 28 years of the date of publication, which causes the work to irrevocably fall into the public domain. This should apply worldwide. See Copyright.

[edit] Public domain explanation

• A search of U.S. copyright renewal records for 1962 and 1963 ([1], [2], [3], [4]) reveals no evidence that the then corporate heir to the corporate author of the work--RKO General--renewed copyrights to this poster or any collection of posters or any collection of material that might encompass this poster as would have been required to maintain copyright protection, if any.
• There is no evidence that the work's corporate author's descendant corporation--RKO Pictures LLC--claims or has ever claimed copyright on the image.

[edit] Fair use for RKO Pictures

If any evidence is disclosed to indicate that this image might be under copyright, it is claimed by Wikipedia editor DCGeist to be used under fair use as:

1. it is a low-resolution copy of a movie poster;
2. it does not limit the copyright owner's rights to sell the film or poster in any way;
3. copies could not be used to make illegal copies of the artwork on another poster; and
4. the image is significant because it illustrates one of the studio's biggest hits and the two biggest stars of its early years, as discussed in the article's text.

[edit] Fair use in Top Hat

If any evidence is disclosed to indicate that this image might be under copyright, its use is covered by the U.S. fair use laws because:

1. It's a low resolution copy of a Film Poster / VHS or DVD Cover.
2. It doesn't limit the copyright owner's rights to sell the film in any way, in fact, it may encourage sales.
3. Because of the low resolution, copies could not be used to make illegal copies of the artwork/image.
4. The image is itself a subject of discussion in the article or used in the infobox thereof.
5. The image is significant because it was used to promoted a notable film.

[edit] Source

1. Derived from a digital capture (photo/scan) of the Film Poster/ VHS or DVD Cover (creator of this digital version is irrelevant as the copyright in all equivalent images is still held by the same party). Copyright held by the film company or the artist. Claimed as fair use regardless.

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Metadata

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