10 Comments so far ↓

• Harv // Jan 17, 2010 at 8:06 am

  Logan, because the photos you sent me are now public domain, does that mean
  I can also recreate the uniform of the one’s on the cards as public domain?

  [Reply]

  

  Logan Reply:
  January 17th, 2010 at 8:09 am

  In theory yes however, I have to warn you that I don’t have a lot of experience in that area (manufacture of apparel). The potential still exists for trademark infringement when using specific team names and logos in particular when creating mechandise of a highly visual nature like clothing. The more generic elements are safe but I’m sure that if you created your own replica uniforms that said “Chicago Cubs” for instance, I’m sure the Cubs franchise would have an issue with it ; )

  [Reply]

• Reggie // Jan 18, 2010 at 6:05 pm

  Hi Logan & Debra,

  Hope you are doing well. I have a question about reprinting the public domain baseball cards. Is there a specific color printer you can recommend ?

  Thanks,
  Reggie

  [Reply]

  

  Logan Reply:
  January 18th, 2010 at 6:06 pm

  Hi Reggie,

  It’s great to hear from you. How have you been lately?

  As far a printer recommendations, I really don’t have any. For product creations, I have everything printed offsite anymore as it’s more cost effective.

  In my office I use high-capacity Lexmark and Okidata monochrome laser printers but again I don’t use them for producing anything I would send to a customer.

  My friend Steven Chabotte swears by Dell color laser printers. Specifically, last I checked he was using a Dell 3100CN Laser to produce all of his DVD Case sleeves and inserts.

  My friend Jim Davis (a professional commercial art reproduction specialist) recommends only Epson and Cannon print color laser or inkjet printers.

  Either way you slice it, you’ll be using a lot of ink if you reprint stuff yourself. Many times it’s more much more cost effective to bring your source material down to your local printer and work out a deal with them.

  Thanks Reggie!
  Logan

  [Reply]

• Kevin // Jan 21, 2010 at 9:07 am

  To me the Public Domain is like the “Holy Grail”. I am aware of some of the obvious websites but I believe there are probably over 500 sites. Firstly how do we locate these sites? Secondly the best way to utilised the info they hold? I still feel that the really successful marketeers have other sources/websites that the rest of us will never get to hear of. There are lots of sites offering to show you how to locate these sites but I always feel that the jigsaw will never be
  complete – that something will always be held back.

  [Reply]

  

  Logan Reply:
  January 21st, 2010 at 9:26 am

  Hi Kevin,

  Thanks for the excellent question (or statement as it were).

  “To me the Public Domain is like the “Holy Grail”. I am aware of some of the obvious websites but I believe there are probably over 500 sites.”

  Believe me, this stuff isn’t that hard to find (unlike the Holy Grail). 500
  is really low estimate ~ there are THOUSANDS of sites hosting Public Domain material.

  “Firstly how do we locate these sites?”

  Three options:

  1) Find these sites the same way we did ~ countless hours of Internet
  research digging for gold, countless hours reading every scrap of
  information we could find both free and paid for, and bookmarking everything along the way so that we could find it again when we needed it ; )

  2) Book #5, “Public Domain Treasure Map” of our Public Domain Treasure Hunter’s Kit contains over 400 links to our favorite repositories of Public Domain information. If you’re looking for a short-cut, this is it. http://www.PublicDomainTreasureHunter.com/kit.html

  3) Stay tuned into the Public Domain Treasure Hunter Blog. Over time, you’ll discover lots of new resources that way.

  I would personally recommend options 2 and 3 – but then you knew I would say that ; )

  “Secondly the best way to utilised the info they hold?”

  The absolute best way to utilize previously published Public Domain content is to combine it with your own creativity and personality and leverage it in the creation of all NEW products catered to specific niche audiences. In other words, take the content and create something new and wonderful!

  “I still feel that the really successful marketers have other
  sources/websites that the rest of us will never get to hear of.”

  Not true. Here’s the real fact of the matter ~ while there are great sites out there filled to the brim with Public Domain content that you can use to create some really great products, the marketers that are the most successful with Public Domain content generally are NOT visiting websites to download Public Domain material. They’re out in the real world finding Public Domain treasures to republish that haven’t made it online yet, the real gems, the hidden treasures. In addition, these marketers aren’t usually just republishing the material as is, they’re creating exciting new products. In most cases, the people that by these products don’t even realize that the material used to create them was taken from the Public Domain (nor would they care).

  “There are lots of sites offering to show you how to locate these sites but I always feel that the jigsaw will never be complete – that something will always be held back.”

  If you believe that, then you’d be right. Seriously though, I understand your point. And the reality is that yes, the jigsaw puzzle will never be complete. LIFE is never complete until you are laid down in the grave. We trip over previously undiscovered Public Domain repositories constantly and we do this stuff everyday!

  But as far as information being kept from you – I don’t know. There are NO secrets, there’s only what you know and what you don’t know. What you do or don’t do. When you are trying to accomplish an objective and you come to a place where feel that you are lacking some knowledge that is keeping you from moving forward, you really have two options right?

  You can either knuckle down and put a ton of work in yourself to discover and learn what you need to know to move forward through simple trial and error (which is probably the absolute best way to learn ANYTHING in the long run but life is way to short for that), or you can take a shortcut and learn from others that have been there before you ~ you can get a lot of great information for free and sometimes you have to pay for it. Either way, you get what you need to move forward.

  I wish you great luck in whatever endeavor you are currently engaged in.

  Thanks Kevin!
  Logan

  [Reply]

• Debra // Jan 22, 2010 at 1:43 pm

  Kevin… I will give you my short 2 cents. (cuz Logan is always so long winded) :0)

  The AHHH HAAA moment will be when you look at Public Domain material as fantastic new PLR content.

  I use PLR content that others have written as “starters” for new products, blog posts and affiliate marketing.

  But… I can’t always find PLR written specifically for the subjects I need. So… Public Domain to the rescue. Even Public Domain that is easy to find is perfect for using as great content.

  I just copy and paste – reword (I rarely use as-is) and BAMB I have a blog article.

  If I were a “new marketer” and I see this great article about Public Domain Baseball Cards… what would I do with it?

  I don’t have a sports realated website (nor – am I interested in promoting (marketing) any baseball or other sports related products.

  But I LOVE these cards. They are old and wrinkled (like me) and I would really like to use them for scrapbooking on pages that are filled with my son’s baseball playing days.

  I’ll bet others would as well.

  So… on that note. My first TEST would be to create printable sheets to sell on ebay. I’ve done this with success with other old paper goods. Scrap Book Crafter’s love this stuff. Anything New is just right for them.

  That’s just ONE idea I have for these Public Domain baseball cards.

  Maybe that was more long winded than I expected. I’m trying to keep up with Logan. HA!

  [Reply]

  

  Logan Reply:
  January 24th, 2010 at 8:22 am

  Those are all good ideas. I was thinking these cards would look great in a book about baseball history as well even if the book was focused on the history of a specific team or player. These would look great in a book!

  [Reply]

• Dave // Jan 22, 2010 at 7:26 pm

  Now wait a minute….

  I went to the library of congress site about the baseball cars and it hada link about copyright and it plainly sais that these were protected and shouldn’t be reproduced…

  What gives?

  Thanks,

  Dave

  [Reply]

  

  Logan Reply:
  January 24th, 2010 at 8:18 am

  Hi Dave,

  That may be what you read, but that’s NOT what it says

  Read it again, this time with the understanding that anything published in the U.S. before 1923 is in the Public Domain.

  Here’s exactly what the “Copyright and Other Restrictions” statement says (as you’ve already seen)…

  “The Library of Congress is providing access to these materials for educational and research purposes. The written permission of the copyright owners and/or other rights holders (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions. Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item.

  While the Library of Congress is not aware of any U.S. copyright protection (see Title 17 U.S.C.) or any other restrictions in the Baseball Cards materials, there may be content protected by copyright law. Additionally, the reproduction of some materials may be restricted by privacy or other rights.”

  As you work more with LOC materials on this site, you’ll find that this is the same blanket statement that they apply to all of their collections ~ it’s called CYA. I don’t blame them for using a blanket statement on their site, since they do not own (nor ever have owned) the copyright on this material, it removes all liability from their shoulders should an issue ever develop because some third party did something stupid.

  These cards are clearly in the Public Domain, have no doubt. Anyone at the U.S. Copyright Office (which is housed in the Library of Congress) will tell you that.

  Let’s break down this statement line by line and give you a clearer understanding.

  This statement was very carefully worded by someone within the LOC so that it neither denies nor grants permission. Instead, the statement does a good job of placing that decision squarely on the end user’s shoulders. It’s actually quite beautifully (and purposely) worded.

  “The Library of Congress is providing access to these materials for educational and research purposes.”

  Again – CYA statement. There is nothing in this statement that denies you from downloading and using the material for any purpose including commercial.

  “The written permission of the copyright owners and/or other rights holders (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions.”

  This line is an acknowledgement that the LOC itself does not own the copyright to anything in it’s collections. Copyrights are / were held by the original creators of the material. In this case, since the cards were published before 1923, there is no longer any copyright protection to be held. These cards belong to the public at large. There isn’t a copyright attorney in the U.S. that would tell you different.

  “Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item.”

  Again, this is a “use at your own risk” statement – YOU are responsible for making an educated assessment yourself based on your understanding how copyright law works and how it applies to these materials (as well as how it applies to your country of residence).

  “While the Library of Congress is not aware of any U.S. copyright protection (see Title 17 U.S.C.) or any other restrictions in the Baseball Cards materials, there may be content protected by copyright law. Additionally, the reproduction of some materials may be restricted by privacy or other rights.”

  CYA again. While they acknowledge that this material is in the Public Domain under the statutes of U.S. Copyright law, they are simply warning you to do your due diligence and verify this yourself as well. And, they are also warning you that certain other rights may apply specifically “privacy / publicity rights” (which wouldn’t apply here since every one of the ball players featured on these cards is certainly dead) and “other rights” which would include such things as trademark rights.

  There is always a possibility (though slim in this case) when working with Public Domain materials that you could potentially violate someone’s trademark protection if you are reproducing someone’s registered trademark either in new advertising or in the creation of products of a highly visual nature. This usually isn’t an issue but the potential does exist.

  For instance, if one these ball players had a team logo on his uniform that was actually registered as a trademark – you’d be ok simply reprinting and selling the cards. You’d be ok with reprinting the cards as pictures in a new book as well. Where trademark violation would be an issue is if you used the card in the creation of a new advertisement featuring the player wearing the uniform with the logo on it. Because this may lead the public to believe that whoever owns the trademark endorses your product, the trademark owner would have the right to demand that you cease and desist from using their logo. Of course you could avoid that whole scenario by simply photoshopping out the logo anyway.

  Hope this helps.

  Thanks Dave!

  [Reply]

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