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| Keywords: ConstellationVengeance.jpg USS Constellation engaging la Vengeance date <br /> 2011-05-23 http //www fuckfrance com/topic/243335/1/Discussions/The-Constellation-versus-La-Vengeance-in-the-Quasi-War-with-France html replies 2 Transferred from http //en wikipedia org en wikipedia by SreeBot Irwin John Bevan 1852 “1940 <br /> Uploaded by XavierGreen at en wikipedia other versions Deletion discussion Determined to be public domain with the following rationale Keep it's PD This is a very complicated case so bear with me We know the painting was created before 1940 when the author died and we know that The Mariners' Museum purchased the watercolor that same year We know that MM displays it on the web http //www marinersmuseum org/node/1000440/1789 here with a blanket statement All images are copyright of The Mariners' Museum but that's clearly untrue since some of the works they display are demonstrably in the public domain MM couldn't have ever held the copyright to this painting anyway unless Irwin Bevan's heirs legally transferred copyright to them and since MM purchased the painting without knowing who created it this is extremely unlikely That copyright statement refers to the digitization which is irrelevant since we're using a different digitization and untrue due to Bridgeman v Corel Case law has shown that a painting is published when a copies or photographs are distributed to the public with the permission of the creator or heirs b the work is put up for sale to the general public or c the painting is displayed in a place where photographs may be taken which tacitly gives permission for copies to be made When MM purchased the paintings were they up for sale to the general public at auction If so then the painting was first published without an affixed copyright notice before 1978 and is therefore in the public domain If not did MM display the painting in a place where photography was permitted If so again it is in the public domain due to being published without a copyright notice prior to 1978 If it wasn't published until after 1978 the relevant law is http //www law cornell edu/uscode/17/303 html § 303 of the Copyright Act of 1976 explained by the U S Copyright Office in http //www copyright gov/circs/circ15a pdf this brochure in the Works in Existence but Not Published or Copyrighted on January 1 1978 section Copyright is held until 70 years after the death of the author or until 2003 whichever is later Since it's now 2011 this work would be in the public domain regardless of when it was first published “ Quadell <sup> talk </sup> 17 21 25 August 2011 UTC PD-old-70 Original upload log page en wikipedia ConstellationVengeance jpg Upload date User Bytes Dimensions Comment 2011-05-23 05 17 UTC XavierGreen 41522 bytes 615×404 <small><nowiki> USS Constellation engaging la Vengeance Bailey Collection of watercolor views of U S Naval actions ~~~~~ Irwin John Bevan Author died more than </nowiki></small> 1800 in France 1800 in the United States Conflicts in 1800 Naval battles of the Quasi-War | ||||
