Description1962 Peter Fonda Patty McCormack New Breed (cropped).jpg
The publicity photograph of Peter Fonda and Patty McCormack was used to promote the pictured personalities, the television show The New Breed, and the show's episode "Thousands and Thousands of Miles." The whole back photo, unscanned, contained the stamped mark "059".
Date
Press release was March 29, 1962.
Source
Scanned by the scanner. I bought this photo on eBay into my possession. The photo's seller held this photo as part of vintage collections; I do not know how this seller obtained this photo, but it may have been possibly held in a vault of either the news media, distributor (ABC), production company, or studio for years.
Author
This photo had belonged to ABC Television. This work for hire may have been of an anonymous photographer of either ABC, Quinn Martin Productions, Selmur Productions, or MGM (set location).
At the time of release, permissions of using this photo was granted to the third-party media for editorial uses only. However, this photo was released during the Copyright Act of 1909 and lacks copyright notice, as indicated in all versions of this file, which the 1909 Act required prior to the Copyright Act of 1976 and the Berne Convention Implementation Act of 1988.
However, any edits to the image should be based on the original TIF version in order to prevent generation loss, and both versions should be updated. Do not make edits based on this version. Admins: Although this file is a scaled-down duplicate, it should not be deleted!
Copyright requirements
InfoField
All versions of and other unscanned portions of the back of this photo do not display the copyright notice. This photo was released under the Copyright Act of 1909, and, under the 1909 Act, the copyright notice was required and must contain three elements:
The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.
This was not required for copyrighted photos published before 1978 under Copyright Act 1909, and omission of date may have been irrelevant to such works. However, Copyright Act of 1976 came into effect and then has applied to copyrighted materials published before 1978. Year has become required for works published before 1978. Consequently, pre-1973 copyrighted photos without a year of copyright and registration and required mandatory deposit into the Copyright Office lost copyright protection and then fell already into the public domain.
The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.
Under Appendix A, the 1976 Act does not provide copyright protection for pre-1978 U.S. works already in the public domain.
Explanations about older publicity releases
InfoField
Film production expert Eve Light Honthaner 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.
The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55:
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.
Publicity Photos (star headshots) older publicity stills have usually not been copyrighted and since they have been disseminated to the public, they are generally considered public domain and therefore there is no necessity to clear them with the studio that produced them (if you can even determine who did).
Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.