File:Mork and Fonzie 1978.jpg

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Original file (1,480 × 1,126 pixels, file size: 667 KB, MIME type: image/jpeg)

This file is from Wikimedia Commons and may be used by other projects. The description on its file description page there is shown below.

Summary

Description
English: Henry Winkler and Robin Williams as Fonzie and Mork in 1978, in a promotional picture for the pilot episode of Mork & Mindy.
Date (Promo of a rerun of the Pilot, originally aired on September 1978)
Source https://www.worthpoint.com/worthopedia/1979-press-photo-scene-mork-hour-4625513565
Author ABC
Permission
(Reusing this file)
English: No permission is required for the following reasons:
  1. A search was conducted through the U.S. Copyright Office public catalog, and there is NO record that this was subsequently registered within 5 years of publication. As such, the opportunity for copyright protection on the photo was forfeited and it entered the public domain.
  2. The source images linked above are mechanical scans of the underlying public domain work. These scans are faithful reproductions of the photograph that do not meet the threshold of originality necessary to assert a copyright interest.
  • Per 2204.4(C) The term “All Rights Reserved” or the like is not an element of the notice prescribed by U.S. law, and it is not an acceptable variant or substitute for the word “Copyright” or the abbreviation “Copr.”... However, the use of such terms in juxtaposition with an acceptable notice is permitted.
  • The photo has no copyright markings on it as can be seen in the links above.
  • United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the copies.
1 The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”
2 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.
3 The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner. Example: "© 2007 Jane Doe."
  • No Copyright registry of this picture was made by ABC during this period. Registrations of "Mork & Mindy" and the pilot did not include any promotional or publicity material.
  • There is no evidence this photo was first published outside the US.
English: This is a publicity still taken and publicly distributed to promote the subject or a work relating to the subject.
  • As stated by 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."
  • Nancy Wolff, in The Professional Photographer's Legal Handbook (Allworth Communications, 2007, p. 55.), notes:
    "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."
  • Film industry author Gerald Mast, in Film Study and the Copyright Law (1989, p. 87), writes:
    "According to the old copyright act, such production stills were not automatically copyrighted as part of the film and required separate copyrights as photographic stills. The new copyright act similarly excludes the production still from automatic copyright but gives the film's copyright owner a five-year period in which to copyright the stills. Most studios have never bothered to copyright these stills because they were happy to see them pass into the public domain, to be used by as many people in as many publications as possible."
  • Kristin Thompson, committee chairperson of the Society for Cinema and Media Studies writes in the conclusion of a 1993 conference of cinema scholars and editors[1], that:
    "[The conference] expressed the opinion that it is not necessary for authors to request permission to reproduce frame enlargements... [and] some trade presses that publish educational and scholarly film books also take the position that permission is not necessary for reproducing frame enlargements and publicity photographs."

Licensing

Public domain
This work is in the public domain because it was published in the United States between 1978 and February 1989, inclusive, with a defective copyright notice (copyright notice information), and because its copyright was not subsequently registered with the U.S. Copyright Office within 5 years. The copyright notice in this work contains at least one of the following defects:
  • Notice does not include the copyright symbol ©, the word "Copyright", or the abbreviation "Copr.";
  • Notice is dated more than one year later than the actual date of first publication;
  • Notice does not include a named claimant or does not name the actual copyright holder;
  • Notice is illegible or concealed from view;
  • It is a printed literary, musical, or dramatic work that does not include the year.
A defective notice does not invalidate copyright in cases where the error is immaterial and would not mislead an infringer, such as an abbreviated name. Additionally, foreign works created outside the US are subject to copyright restoration even with a defective notice. It is not in the public domain in the countries or areas that do not apply the rule of the shorter term for US works, such as Canada, Mainland China (not Hong Kong or Macao), Germany, Mexico, Switzerland, and other countries with individual treaties.

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Captions

Henry Winkler and Robin Williams as Fonzie and Mork in 1978

Items portrayed in this file

depicts

File history

Click on a date/time to view the file as it appeared at that time.

Date/TimeThumbnailDimensionsUserComment
current21:47, 16 May 2024Thumbnail for version as of 21:47, 16 May 20241,480 × 1,126 (667 KB)wikimediacommons>Hyperba21Front, crop, and true black and white

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