Image: Frank O'Hara (photo portrait)

Description: Photo portrait of American poet Frank O'Hara
Title: Frank O'Hara (photo portrait)
Credit: MoMA.org (direct link to original jpg). Retouched by uploader – original unretouched version can be seen below in the upload history.
Author: Kenward Elmslie
Permission: No permission is required for the following reasons: First, the photo is a mechanical scan/photocopy of the original and does not qualify for independent copyright protection. Second, the photo was first published prior to 1978 without a valid copyright notice, most notably, as the back cover of the first-edition dust jacket. Collected Poems was first published in 1971; the hardcover book itself carried a copyright notice, so its contents remain copyrighted. However, the dust jacket did not carry a separate copyright notice—a full scan can be inspected at this eBay listing, which shows the jacket's front, back, and flaps in separate photos. According to The Compendium of U.S. Copyright Office Practices: Chapter 2200, § 2207.1(C) at p. 15: "A notice of copyright on the dust jacket of a book is not an acceptable notice for the book, because the dust jacket is not permanently attached to the book. Likewise, a notice appearing in a book is not an acceptable notice for the dust jacket or any material appearing on that dust jacket, even if the book refers to the jacket or material appearing on the jacket." Keep in mind that the pre-1989 requirements for copyright notice were highly formalistic and, other than a few enumerated exceptions, required these three elements: "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)" "The year of first publication for the work"; and "The name of the copyright owner, or an abbreviation by which the name can be recognized, or a generally known alternative designation of the owner." If just one of these elements is omitted, the work is deemed to be published without notice and is not eligible for copyright protection. In this case, none of these elements are present.
Usage Terms: Public domain
License: Public domain
Attribution Required?: No