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Note: I'm not a copyright lawyer!

My understanding is that you use the law of the country you are in, not the country where the work was originally published. Anything published before 1923 (or is it 1924 now?) is public domain, so you're in the clear.

Fred King
Medical Librarian, MedStar Washington Hospital Center
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-----Original Message-----
From: Medical Libraries Discussion List <[log in to unmask]> On Behalf Of Schaeffer, Valerie
Sent: Tuesday, July 09, 2019 10:50 AM
To: [log in to unmask]
Subject: [EXTERNAL] Re: Copyright question

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My only question regarding this scenario:



Does the author indeed own the copyright to the image you want to use?



If there is not other attribution listed on the image, I would say the author does own the copyright, and you can use it since it's beyond the "70 years after author's death" rule.







Valerie Schaeffer, MSLS

Library Assistant, Library Services  |  484-628-8412

[log in to unmask]  |  towerhealth.org







-----Original Message-----

From: Medical Libraries Discussion List <[log in to unmask]> On Behalf Of Collins, Louise

Sent: Tuesday, July 09, 2019 10:37 AM

To: [log in to unmask]

Subject: Copyright question



Hello,



I always get nervous with copyright questions, so wanted to run this by the group.



One of our docs wants to use an image from a book published in Vienna in 1900:



Die normale Sehnerveneintritt des menschlichen Auges; klinische und anatomische Untersuchungen.

Elschnig, Anton, 1863-1939

Die normale Sehnerveneintritt des menschlichen Auges; klinische und anatomische Untersuchungen.

Austria

Wien, Gerold, 1900.

85 p. ill.

German



From what I can uncover, it seems Austria has the same "70 years after the death of the author" rule as we have here in the US. Anton Elschnig died in 1939, so we are past the 70 year mark.



I tried to find what I could on the publisher (looking under Gerold, Carl Gerold's Sohn, and Carl Gerold & Sohn). I can't find a legitimate website/contact info, just lots of rabbit holes. So I am not even entirely sure they still exist.



My gut feeling says that it will be OK for our doc to use the image, without obtaining permission from the publisher. He will, of course, cite the source in the caption of the image and in the reference section.



Any thoughts to the contrary?



Thank you.



Best regards,



Louise



Louise Collins DVM, MSLIS | Howe Library Director<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.masseyeandear.org_research_research-2Dand-2Dacademic-2Daffairs_library-2Dresources_elibrary&d=DwIDAg&c=RvBXVp2Kc-itN3g6r3sN0QK_zL4whPpndVxj8-bJ04M&r=vKh6XwOmjyC51IkP1OfsdjQZoWT2vpi6VZl8El8EPRI&m=qiNdiBJzCbwhssG_THp44ejY1v38Ih6O9rwttFj8aEQ&s=Un0QfJNHvugVqeyoKYzMZVrDiAYjcwQKSiZrg053fQo&e= > |617-573-3664 Massachusetts Eye and Ear<https://urldefense.proofpoint.com/v2/url?u=http-3A__www.masseyeandear.org_&d=DwIDAg&c=RvBXVp2Kc-itN3g6r3sN0QK_zL4whPpndVxj8-bJ04M&r=vKh6XwOmjyC51IkP1OfsdjQZoWT2vpi6VZl8El8EPRI&m=qiNdiBJzCbwhssG_THp44ejY1v38Ih6O9rwttFj8aEQ&s=NHx2Uxm67V4rvnmXZCe2fNzvy4VcwFRsW01TYEN2CLA&e= > |243 Charles Street, Boston MA 02114











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