Like many other things, the rules have changed. Used to be you could upload Public Domain images, postcards out of copyright would be an example. Now you can't. If you own the copyrights to something, yes you can still upload it. Or if you get a property release from the rights owner, you could upload.

In case you are considering other places. The rule on IS last they told me was 1884 or before. You'll need to document that date for them. I don't know why. I asked and the answer was pretty much "that's what we say it is." Without any discussion.

I understand your point. Not only is the card public domain, the company that made it is likely out of business, so no o9ne owns the rights. If it's a company that was purchased, you'll have to find the new owners, but still the images are PD.

Keep this in mind. The agencies make their own rules. What one takes, another refuses, and a thrid will take with a documentation of the date it was published. What you see can very well be something that was accepted in 2007.

I've seen several images of old pictures or old postcards on microstock websites, and I was happy there is a way to sell something like that, as I have a small collection of very old postcards. But then I found a topic on the Shutterstock forum where a member was asking if he can upload his old postcards collection. This was the admin's answer:

Quote

You must OWN the copyright for every single thing you upload. There are some collectors out there who have wholesale bought copyrights from old images. They are uploading them - because they own the copyright. They found the estate that owns them, and purchased the rights.

 If you don't own the copyright, you can't upload it.

 We DO NOT accept public domain images.

 Uploading public domain images - or any image for which you do not own the copyright for - will result in a permanent ban from Shutterstock. There are no exceptions.

Now, I don't get it...why can you upload pictures of products and copyrighted trademarks and sell them as editorial, but you can't do the same thing with some very old and rare postcards? I'm really confused...


Sorry if the question is stupid but I'm just a beginner trying to understand the big microstock world >.<

But maybe it is 1884 somewhere else. Contrary to some opinions, US laws do not yet trump every other law in the world and iS is a Canadian company.

But maybe it is 1884 somewhere else. Contrary to some opinions, US laws do not yet trump every other law in the world and iS is a Canadian company.

Yes "maybe" do you have anything to add but that nippy reply? Maybe some data or documentation?

Yes I realize that IS is Canadian. I went and did research into the laws and found that nowhere does it say 1884 or before.

Source of this information:  http://laws-lois.justice.gc.ca/eng/acts/C-42/page-1.html#h-1
Copyright Act (R.S.C., 1985, c. C-42)

�plate� includes

    (a) any stereotype or other plate, stone, block, mould, matrix, transfer or negative used or intended to be used for printing or reproducing copies of any work, and


-=-=-

�engravings�
� gravure �
�engravings� includes etchings, lithographs,
woodcuts, prints and other similar works, not
being photographs;

-=-=-


anonymous and pseudonymous works

6.1 Except as provided in section 6.2, where the identity of the author of a work is unknown, copyright in the work shall subsist for whichever of the following terms ends earlier:

    (a) a term consisting of the remainder of the calendar year of the first publication of the work and a period of fifty years following the end of that calendar year, and

    (b) a term consisting of the remainder of the calendar year of the making of the work and a period of seventy-five years following the end of that calendar year,

but where, during that term, the author�s identity becomes commonly known, the term provided in section 6 applies.

I was trying to upload a woodcut from 1899 by the way, thus the references to �engravings�. If the postcards from the OP are not "real photo" cards and artwork, as above "not photographs" they should also fall under the same regulations and limitations.

Now if someone can explain why it's 1884, I'd be much happier and better understand the laws of Canada. For now, I can't seem to document anything that makes a reasonable argument for that date?

Yes for the US it is BEFORE 1923.

http://copyright.cornell.edu/resources/publicdomain.cfm

Furthermore: 95 years after publication date for 1923 through 1963. (2018 the 1923 works start going into public domain again. In 2019 = 1924, Etc. It has been on hold since the laws were revised)

Also just for the sake of interest. A 1961 Copyright Office study found that fewer than 15% of all registered copyrights were renewed. For books, the figure was even lower: 7%.


Meanwhile none of this matters for SS because they don't take anything Public Domain anymore. 

I suppose someone could try Postcards as Editorial on IS? Someone do that and come back and tell us what happens.

I'm not concerned with any other agencies, maybe someone else can add that information.

ps Postcards don't really have a demand, and don't sell well, just like postage stamps and other copied old paper products. But have fun.

I have some old prints published in 1867.  I own the originals that I photographed.  SS has indicated they will not accept these, even as editorial (they are of historic value).  I'll probably put them up on Alamy as RM.

one problem is that when SS says 'editorial', they define it as being 'newsworthy'.  the 2 words are far from synonymous, so it generates confusion

it's also common forr an image to get rejected first because it's editorial, then rejected as editorial when it's resubmitted as editorial