Photos

The downside of copyright is that it’s quite an undertaking to track down and get all the permissions that are required. It’s cost me about twice my advance just to acquire the photos and pay for the permissions to use them. (Now I know why no one has ever written a book like this.) There are some people who suggested that I was getting a little fanatical about permissions, and that it would have been a lot cheaper, and not that much of a risk, to just use what I wanted under a fair use argument. Since the book is about copyright, however, I’ve tried to play by the rules.

Another downside is that I just wasn’t able to get permissions for some photos, no matter how much I was willing to pay. For example, I would have loved to have more examples of “characters” whose works are protected, but the owners of some of the most successful characters simply wouldn’t license the rights. I respect that, since one right to copyright is the right to say no; but it does mean my book is not as illustrated as I would have liked.

Many of the older works are in the public domain, so no permission was required. In a few instances, I’ve used works even when I was unable to track down the copyright owners after several attempts. And in a few instances, particularly in the case of defendants who [270] were found to have infringed, I’ve either not asked for permission, or used the defendants’ works without permission, under the fair use doctrine.

For the most part, however, the authors and other copyright owners were a very cooperative lot, and I thank all of them for helping to make this a more interesting and informative book.

In a few instances, after scanning in images, I’ve touched them up using Adobe Photoshop. For example, I cleaned up the image of the kinetoscope parlor, even though it previously has been published with a large blotch in the lower left corner. And I’ve taken out some imperfections in the images of Lew Wallace, Harriet Beecher Stowe, and the cover of the sheet music to After the Ball. In all such cases, I consider that my efforts restored the works to their previous condition, rather than altering the intentions of the original creators.

Photo credits are to pages. Where there is more than one picture on a page, the abbreviations are as follows: T=top; B=bottom; L=left; R=right; M=middle (either horizontally or vertically).

Introduction: Thomas Jefferson Never Saw Anything like This

4L Music at Uplawn, 1880s, photo by Leonard Dakin, New York State Historical Association, Cooperstown, N.Y.

4R CORBIS/Bettmann-Gendreau

5L Ed Clark/Life magazine © Time, Inc.

5R, 6 © Edward Samuels

Chapter 1: Books and Other Literary Works

10TL Jan van der Straet’s Nova reperta, Smithsonian Institution Libraries, Smithsonian Institution

10TR, 10B © Bettmann/CORBIS

13 Reprinted from Harry Ransom, The First Copyright Statute: An Essay on an Act for the Encouragement of Learning, 1710 (1956)

15 H. B. Hall & Sons engraving of a portrait by Samuel F. B. Morse, Yale Picture Collection, Manuscript and Archives, Yale University Library

17 Collection of the New-York Historical Society, negative 277

19T, 19B Courtesy Xerox Historical Archives

[271] 21 Courtesy National Institutes of Health

23L, 23R © Bion Smalley, reprinted by permission

Chapter 2: Music and Sound Recordings

32L Culver Pictures

32R Reprinted from Lynn Wenzel & Carol Binkowski, I Hear America Singing (1989)

33 Courtesy U.S. Dept. of the Interior, National Park Service, Edison National Historic Site

34T © Hulton-Deutsch Collection/CORBIS

34B Photo by Clarence Thorne

36T Courtesy of Sears, Roebuck and Co.

36B Photofest

37 © Diplomat Records

38T © Palace Records

38B © Damont Records Ltd.

39L © Eurovox Music, Rozenlaan 43, Schilde, Belgium

39M © Capitol Records, Inc.

39R © Audio Fidelity

41 Reprinted from National Geographic Society, Those Inventive Americans (1971)

42L, 42R Collection of the New-York Historical Society, negatives 73197 and 73198

42B Courtesy of Herbert Jacoby, photographer unknown

46L © Eastman Kodak Co., Industrial Laboratory, reproduced from C.P. Gilmore, The Scanning Electron Microscope: World of the Infinitely Small (1972), courtesy of Eastman Kodak Company. KODAK is a trademark.

46R “Stylus” illustration from The Way Things Work, by David Macauley. Compilation copyright © 1988 by Dorling Kindersley, Ltd. Illustration copyright © 1988 by David Macauley. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

47T Illustration by Chris Costello from Infoculture: The Smithsonian Book of Information Age Inventions, by Steven Lubar. Copyright © 1993 by Houghton Mifflin Co. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

47B Courtesy of Mark of the Unicorn

[272] Chapter 3: Movies and Television

56T Bettmann/CORBIS

56BL, 56BR Courtesy U.S. Dept. of the Interior, National Park Service, Edison National Historic Site

58 Culver Pictures

59T, 59B Billy Rose Theater Collection, The New York Public Library for the Performing Arts. Astor, Lenox, and Tilden Foundations.

60 Library of Congress, LC-USZ62-536

62T, 62B Photofest

67 Illustration by Chris Costello from Infoculture: The Smithsonian Book of Information Age Inventions, by Steven Lubar. Copyright © 1993 by Houghton Mifflin Co. Reprinted by permission of Houghton Mifflin Co. All rights reserved.

68 Reprinted with permission. Paul Conrad. Los Angeles Times Syndicate, 1981.

73L, 73R © Roger Ressmeyer/CORBIS

Chapter 4: The Computer

74 Illustration by Anita Costello

75 Cover photo by Jon Brenneis, by permission from Scientific American, Inc.

78TL Culver Pictures, by permission of Philips Electronics N.A. Corporation

78BL, 78BR Copyright 200 Nintendo. Images courtesy of Nintendo Corp. of America, Inc.

83T, 83B, 87T Photos courtesy of Apple Computer, Inc.

87B Reprinted with permission from Microsoft Corporation

90L, 90TR, 90BR Reprinted by permission of Intel Corporation. Copyright Intel Corporation 2000

90 MR © Owen Franken/CORBIS

94T Illustration by Anti Costello

94BL © CMC Research

94BM By permission of DeLorme Mapping

94BR Reprinted with permission from Microsoft Corporation

[273] 96T Photograph has been altered using Kai’s Power Goo software. This image belongs to Scansoft, Inc. www.scansoft.com

96M, 96B © Claire Samuels 2000, using Ray Dream Studio

Chapter 5: The Internet

97T Detail from Men of Progress, by Christian Schussele, National Portrait Gallery, Smithsonian Institution

99B Collection of the New-York Historical Society, negative 28545

100L National Museum of American History, Smithsonian Institution

100R Property of AT&T Archives. Reprinted with permission of AT&T

107 By permission of MIT

109L, 109R By permission of IBM, Ogilvy & Mather, Denis Leary, and Jeremy Blake Collins

113L, 113R Photo by Dave McFarland, reprinted by permission of Macworld magazine

121L © TotalNEWS

121R © Fox News Network, L.L.C.

Chapter 6: What Does Copyright Protect?

132L, 132R © New York City Transit Authority, used with permission of the Metropolitan Transportation Authority

133 Reprinted from Samuels F.B. Morse, by William Kloss, The Vincent Price Treasury of American Art

134 Reprinted from Rockwell Kent, World Famous Paintings (1939)

135L, 135R By permission Bridgeman Art Library

136 Reprinted from Roy Meredith, The World of Mathew Brady: Portraits of the Civil War Period (1970)

137 Photo by Napoleon Sarony, reprinted from New York Metropolitan Museum postcard, Gilman Paper Co. collection

139 Reprint courtesy of Eastman Kodak Company. KODAK is a trademark.

140L Culver Pictures

140R The Harvard Theatre Collection, The Houghton Library, Harvard University

141 Library of Congress, LC-USZ62-24541

[274] 142L, 142R Photos by Clarence Thorne, banks courtesy of Robert Faber

143M, 143R Photos by Clarence Thorne, courtesy National Archives and Records Administration, New York

145TL, 145TR Courtesy Dance Notation Bureau, from Muriel Topaz, Elementary Labanotation: A Study Guide (1966) (illustrations by Jessica Segall)

145BL Eventide, choreographed by Paul Taylor (1996-97) notated by Siân Ferguson (1996-97)

145BR © Johan Elbers, 1997 from Eventide, by Paul Taylor; Lisa Viola and Richard Chen See, dancers

146L, 146R Suzanne DeChillo/NYT Pictures

148TL, 148TR, 148ML Courtesy King Features Syndicate and National Archives and Records Administration, New York, photos by Clarence Thorne

149L By permission of U.S. Television Office, Inc.

149R By permission of Foxrock Books, Inc.

Chapter 7: What Rights Does Copyright Grant?

153R Billy Rose Theater Collection, New York Public Library for the Performing Arts. Astor, Lenox, and Tilden Foundations.

154T Vandamm Studio, Billy Rose Theater Collection, the New York Public Library for the Performing Arts, Astor, Lenox, and Tilden Foundations.

154B Culver Pictures

156L, 156R By permission of Henry Glass & Co., photos by Clarence Thorne, courtesy National Archives and Records Administration, New York

[275] 158TL, 158TR By permission of Sid and Marty Krofft Productions

160R Thanks to the Ansel Adams Publishing Rights Trust

165 From Alex Brychta, The Legend: The Illustrated Story of the Bee Gees (1983) (illustration by David English), by permission

Chapter 8: Copyright Limitations, Exclusions, and Compromises

181L Cuesheet to King of Kings, Paramount Pictures, reprinted from John Baxter, Sixty Year of Hollywood (1973)

181R Bettmann/CORBIS

182 By permission of Girl Scouts of the USA

185 Chair by Eero Saarinen, Knoll International, photo from Robert Bishop and Patricia Coblenz, American Decorative Arts (1982)

186 © Spiegel Publishing Company 1999 (year of first publication). Disney characters © Disney Enterprises, Inc., used by permission

189 Photofest

193R Photographed by Carolyn Jones. Paintbox photo illustration by Phillip Hefferman, Copyright Spy Magazine, L.P.

196BL Photofest. “Your Show of Shows” courtesy of NBC Studios, Inc.

196BR Photofest. Used by permission of CBS Photo Archive.

199L, 199R Courtesy of Lil’ Joe Records, Inc./Lil’ Joe Wein Music (BMI)

Chapter 9: Other Major Copyright Principles

208 Culver Pictures

214 By permission of Community For Creative Non-Violence, photograph by Gayle Krughoff

220 © MGM/UA

226L By permission of Hugo Zacchini, the younger, son of Edmond

228L, 228R AP/Wide World Photos

Chapter 10: International Copyright Relations

232 Reprinted from Barry Pritzker, Mathew Brady (1992)

235 By permission of Philips Electronics N.A. Corporation

239 Culvert Pictures

243 Photofest

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Permission, Limitations, and Format