AVELA, which specializes in merchandising public domain imagery, obtained publicity stills and the like, from classic movies such as ‘Gone With The Wind’ and ‘The Wizard of Oz.’ These materials were published without copyright notice, which, under the old Copyright Act of 1909, would strip those materials of protection (while the underlying works such as the movies, would remain protected). AVELA argued that these materials allowed them to merchandise depictions of the materials on any product. The 8th Circuit had previously rejected this argument.

Hollywood Reporter coverage here.

Law360 Coverage.

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