Can You Legally Use Old Advertisements In Digital Ephemera You Sell?
A reader question prompted this blog post. They reached out to ask about using images pulled from vintage 1970’s items to create digital ephemera to sell. If you are a junk journal creator, you’ll already know that digital ephemera is a popular sales item, especially on sites like Etsy. I even have some collections that I’ve created for sale there, so I found this question very relevant for the crafting community.
First of all, a disclaimer. I am not a copyright or trademark attorney and do not claim to be an expert on copyright or trademark law. The information below is just what I’ve found in my own quest to find images that I felt could be legally used for digital ephemera. Please do your own research as well or even contact an attorney if you are concerned about the possibility of copyright infringement.
Public Domain
I use images in my collections that have aged into what is called Public Domain, meaning they are free to use with no restrictions. Be aware that you can’t copyright public domain images, however you can copyright your collections or creations created with them. As of 2021, items published in 1925 or before have aged into public domain.
Advertisements
When it comes to advertisements in magazines and newspapers, anything published before 1978 should be fine to use as long as it doesn’t show a copyright notice. If it was published in a magazine or newspaper between 1978 and March of 1989 might be ok to use if a copyright wasn’t filed within 5 years of publication. Of course, be aware that some images and slogans may be trademarked, so you should always check for both copyright and trademarks before using anything. You could also keep in mind that even items that were filed may now be usable if the company that did so is no longer in business. It’s highly unlikely a defunct company is going to sue you over use of an advertisement that you’re using in a digital ephemera product.
Manuals
What about images you might find in manuals, such as auto manuals? I’ve never dealt with them, but my first suggestion would be that you search for information about copyright in the manual itself. If you can’t find any, don’t assume. Try contacting the business the manual was created by and ask. In some cases, the company may be just fine with you using the images in digital ephemera. It’s always best to ask.
There are plenty of wonderful images to create digital ephemera with that reside in the public domain. If the ones you want to use aren’t, be sure to do your homework. Make sure you’re not infringing on someone else’s copyright or trademark with your digital ephemera.
What if you are not using them to make digital images to sell, but just using them one time orginals as ephemera in a junk journal you are selling? Also can you use magazine images or pages as part of your ephemera (not copies or duplicated) as ephemera or signature pages in a journal you will sell?
Thanks
Hi Joanna,
You should be able to use them without issue as part of a junk journal you are selling as long as you aren’t mass producing them. For example, using a magazine page in a junk journal you sell is much different than copying that magazine page and putting it into multiple junk journals to sell.
Hi, I have been wanting to use old newspaper clippings for two purposes, one in combination with vintage materials to make jewelry, and two as a background for my products for sale. As long as the newspapers were from before 1925, would they be considered “fair use?” What about ones from before the 70’s? Is that a bit more gray area?
Thanks!
Hi there! What a creative idea — I love the sound of using vintage newspaper clippings in jewelry and product styling. That’s such a fun and unique way to add character! 🗞✨
As for the copyright question, here’s a quick breakdown:
Newspapers published before 1925 are in the public domain in the U.S., so you’re totally fine to use those in any way you’d like — including for items you sell.
Materials from after 1925 but before the 1970s are a bit trickier. Some may have fallen into the public domain if the copyright wasn’t renewed, but it’s not a guarantee. That era really is a gray area because copyright laws changed several times, and many publications didn’t follow through with renewals — but others did. Unless you verify the specific piece is in the public domain, it’s best to be cautious if you plan to sell items featuring it.
If you’re using them purely as a styling background for product photography and the clipping is part of a mood or vibe (not the subject of the photo), it’s usually low risk — especially if the newspaper isn’t legible or central to the image. But if the content is clearly readable or a focal point, it’s worth either getting permission, confirming the copyright status, or sticking to pre-1925 content to be safe.
Also, don’t forget — there are lots of digitized public domain newspaper archives online you can legally print from!
Hope that helps, and I can’t wait to see your creations — sounds like they’ll be amazing!
I have made really cute junk journals to sell on Etsy. I’ve used different magazine covers for each of my journal covers. One is from a 1952 cover of Household magazine. The other 3 are from various American Girl magazine covers (also 1950s). These are original magazine covers, used once (by me to make the journal) and were not photocopied or duplicated in any way. Is this ok?
Even though the magazine covers are original and not reproduced, they’re still likely protected by copyright, since most works from the 1950s remain under copyright for many decades. While reselling the original magazine is allowed, turning the covers into a new product like a journal can fall outside of that and may raise copyright concerns. It’s a bit of a gray area in practice, but from a legal standpoint, it’s not guaranteed to be permitted for commercial use. It’s a good idea to check with a legal copyright expert in these cases.
May I ask. I have a collection of old Cigarette ads and thinking of reproducing them on a product to start a business. Do you know if there are any use or copyright issues to be concerned with
There can definitely be copyright and trademark issues with reproducing old cigarette ads. Even though they’re vintage, many are still protected, especially anything from the 1930s onward. On top of that, brand names and logos are often still trademarked, which can create additional legal concerns. If you were considering it for a business, it would be important to verify whether the specific ads are in the public domain or licensed for commercial use before moving forward.