Image: Olivia De Haviland 1933

Description: Olivia de Havilland promotional card for the 1933 stage production of Alice in Wonderland by the Saratoga Community Players, Saratoga, California
Title: Olivia De Haviland 1933
Credit: Strictly Vintage Hollywood
Author: Unknown
Permission: This promotional card was first printed in 1933 to promote de Havilland's debut in amateur theatre in Alice in Wonderland, a production of the Saratoga Community Players (Thomas 1983, p. 26). The image subsequently appeared in Tony Thomas's 1983 book The Films of Olivia de Havilland (p. 19) and Judith Kass's 1976 biography Olivia de Havilland (p. 18). Neither book contains a copyright indication for the photo. In Robert Matzen's book Errol & Olivia: Ego & Obsession in Golden Era Hollywood (p. 4), a similar promotional photo is used, also without a copyright notice. This is a publicity photo taken to promote an actress. As stated by film production expert Eve Light Honathaner 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, includes a similar explanation: "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." (The Professional Photographer's Legal Handbook By Nancy E. Wolff, Allworth Communications, 2007, p. 55.) 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 with cinema scholars and editors, that they "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." ("Fair Usage Publication of Film Stills" by Kristin Thompson, Society for Cinema and Media Studies) Note on non-renewalː The back of the photo indicates that the Minneapolis Journal received the photo in November 1936, but did not use it for publication until February 17, 1937. A check of publications renewals for the Minneapolis Journal for the years 1964 and 1965 showed that the paper did not renew any issues during those two years.
Usage Terms: Public domain
License: Public domain
Attribution Required?: No