Question:
Let's say I wanted to use drawn images from old 1920's and 1930'spostcards on a boardgame. Any thoughts as to the possible copyrightissues that might present? I'm not talking about using a drawing ofMickey Mouse, but perhaps a drawing of a local yokely eating giantsears of corn. Also, it is likely that the publishers of the postcardsare no longer in business and the artist are likely deceased...just anassumption. Any thoughts?

Answer: Any postcard published before 1922 is in the public domain (at least inthe US). If it was published after that, it might be under copyrightprotection. Whether it is or not depends on a number of factors,including whether or not it was published with notice, whether thecopyright was registered and whether the registration was renewed. Seeour page on Copyright Duration:http://www.bpmlegal.com/copyterm.html Neither factor is relevant for copyright of works that old. Thecopyright, if it exists, still belongs to someone, even though theymight not know it. The "life of author plus 70 years" standard onlyapplies to works created after 1978, or unpublished works created beforethen. Of course, if the artist is dead and the company is out ofbusiness, it would reduce the risk that you would be sued. If thecompany's assets were bought by another company which still exists andenforces its copyrights, there's a finite (if small) risk that theymight object to your use of the image.