File:Frank O'Hara (photo portrait).jpg

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Frank_O'Hara_(photo_portrait).jpg(400 × 503 pixels, file size: 67 KB, MIME type: image/jpeg)

Summary

Description
English: Photo portrait of American poet Frank O'Hara
Date
English: Date unknown; circa late 1950s–1966, the year of O'Hara's death.
Source
English: 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
(Reusing this file)

No permission is required for the following reasons:

  1. First, the photo is a mechanical scan/photocopy of the original and does not qualify for independent copyright protection.
  2. 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:

  1. "The symbol © or the word 'Copyright' or the abbreviation 'Copr.' or an acceptable variant such as "(c)"
  2. "The year of first publication for the work"; and
  3. "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.


This is a retouched picture, which means that it has been digitally altered from its original version. Modifications made by Blz 2049.

Licensing

This image is in the public domain because it is a mere mechanical scan or photocopy of a public domain original, or – from the available evidence – is so similar to such a scan or photocopy that no copyright protection can be expected to arise. The original itself is in the public domain for the following reason:
This work is in the public domain in the United States because it was published in the United States between 1929 and 1977, inclusive, without a copyright notice. For further explanation, see Commons:Hirtle chart as well as a detailed definition of "publication" for public art. Note that it may still be copyrighted in jurisdictions that do not apply the rule of the shorter term for US works (depending on the date of the author's death), such as Canada (50 p.m.a.), Mainland China (50 p.m.a., not Hong Kong or Macao), Germany (70 p.m.a.), Mexico (100 p.m.a.), Switzerland (70 p.m.a.), and other countries with individual treaties.

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This tag is designed for use where there may be a need to assert that any enhancements (eg brightness, contrast, colour-matching, sharpening) are in themselves insufficiently creative to generate a new copyright. It can be used where it is unknown whether any enhancements have been made, as well as when the enhancements are clear but insufficient. For known raw unenhanced scans you can use an appropriate {{PD-old}} tag instead. For usage, see Commons:When to use the PD-scan tag.


Note: This tag applies to scans and photocopies only. For photographs of public domain originals taken from afar, {{PD-Art}} may be applicable. See Commons:When to use the PD-Art tag.

Captions

Outdoors, in front of a tree, O'Hara looks up and to the side while wearing a white linen shirt with several buttons undone. His hand is at his chin.

Items portrayed in this file

depicts

image/jpeg

File history

Click on a date/time to view the file as it appeared at that time.

Date/TimeThumbnailDimensionsUserComment
current21:04, 9 December 2019Thumbnail for version as of 21:04, 9 December 2019400 × 503 (67 KB)Blz 2049retouched version
21:03, 9 December 2019Thumbnail for version as of 21:03, 9 December 2019400 × 503 (49 KB)Blz 2049{{Information |Description={{en|1=Photo portrait of American poet Frank O'Hara}} |Source={{en|1=[https://www.moma.org/explore/inside_out/2012/06/06/reexperiencing-frank-oharas-moma-lunch-breaks/ MoMA.org] ([https://www.moma.org/wp/inside_out/wp-content/uploads/2012/06/OHara.sm_.jpg direct link to original jpg]). Retouched by uploader – original unretouched version can be seen below in the upload history.}} |Date={{en|1=Date unknown; circa late 1950s–1966, the year of O'Hara...
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