Photo of The Beatles with Ed Sullivan from their first appearance on Sullivan's US variety television program in February 1964. From left: Ringo Starr, George Harrison, Ed Sullivan, John Lennon, Paul McCartney.
The photo was originally taken by CBS in February 1964. It was distributed again in 1969 to publicize a CBS network television special on music. CBS did not mark the photo as copyrighted then it distributed it again 5 years later.
Original registrations in artwork were checked for the year
1964. The book lists only one original registration for CBS. A registration for material pertaining to their Terrytoons cartoon character, Deputy Dawg.
View-master reel from 1963. No registrations for CBS in artwork from
1965.
Original registrations in artwork were also checked for
1969. Only CBS-Terrytoons material dealing with cartoon characters such as Mighty Mouse were listed.
2 Terrytoons printsAnother Terytoons print.
I am also aware that
Getty Images lists a copy of this photo as part of the CBS rights-managed portfolio. Nothing shown at Getty Images lists or makes mention of a copyright for the photo.
It was not registered in either 1964 or 1969, when CBS re-issued this copy of it, with the US Copyright Office. The photo distributed to print media has no copyright marking on it front or back and Getty Images has no information listed with regard to a copyright for the photo. There's no evidence it was ever copyrighted.
The item 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.
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.
This work is in the public domain because it was
published in the United States between 1929 and 1977 inclusive, without a copyright notice. Unless the author has been dead for several years, it is not in the public domain in countries that do not apply the
rule of the shorter term for US works. This includes Canada, China (not Hong Kong, Macao, or Taiwan Area), Germany, Mexico, Switzerland, and other countries with individual treaties. See also
further explanation.
PD-USPublic domain in the United States//en.wikipedia.org/wiki/File:Beatles_with_Ed_Sullivan.jpg
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