2008/11/19 David Gerard dgerard@gmail.com:
2008/11/19 Michael Galpert | Aviary michael@aviary.com:
dont think that applies across the board since some of these images are being published for the first time
Really? I thought the published/unpublished distinction didn't affect that in US law.
(I'm sure someone has full legal details to hand ...)
It is indeed *published* before 1923, though we've been a bit vague about confirming this in the past. There's a very useful table of such things here:
http://www.copyright.cornell.edu/public_domain/
However, archives like these are still very useful - if it was made before 1923 for a news magazine, odds are high it were published quite promptly, and it's often a lot easier to take their image and confirm with a pre-1923 source than it is to ferret out the source and scan from scratch...