Burda Style For people who sew

I’ve just got a handful of German and Austrian sewing magazines from 1930s-1940s into my hands – borrowed them from my aunt, to scan them and trace the patterns that are still in. And here I’m wondering… what is the copyright of such thing? So far it’s mostly a theoretical question, but I’d like to figure it out now, better now than never.
Could I, for example, sew something based on the patterns and sell it?
And would it be OK to post the scanned images online for sewing enthusiasts (given that my aunt allows me to do it)? I know this kind of thing is much sought after by people who like historical and vintage fashion, and I’m rather altruistic in these things… but I wouldn’t want to break a copyright law by sharing the images.
I think the newest in the bunch are from 1943.

Nov 18, 2009, 08.27 AM by marmota-b

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  Nov 19, 2009, 08.17 PMby zora

  The German Urheberrecht (=copyright) expires 70 years after publication if there is no specific person mentioned as owner of the rights.
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  Nov 20, 2009, 06.56 AMby marmota-b

  So the 30s ones are expired and I’ll have to wait a couple of years for the 40s ones to expire. Thank you very much!
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  Nov 23, 2009, 04.09 AMby mlssfshn

  I can’t speak for German law but in the US until 1978 all copyright was forever. At that time they changed it to 80 years with the option of renewing if the owners descendants or the corporation was still in business. If a business seizes to exists and the rights are not owned by another corporation then it becomes copyright free or public domain. The change of the law in 1978 only effects items copyrighted after that date.

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    Nov 23, 2009, 07.05 PMby marmota-b

    Thanks, that’s very helpful, too! For other possible cases. :-)
    How is it with pre-1978 things that are labelled “public domain”, then?

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    May 22, 2011, 08.56 PMby jenss-1

    Actually, it wasn’t forever—copyrights used to be only 28 years. Now copyright is the life of the author + 70 years, and for corp publications, either 95 or 120 years. There are some minor odd exceptions, e.g., to certain recorded music.

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  Nov 23, 2009, 08.39 AMby zora

  I looked up the Austrian Urheberrecht for you and it’s just like in Germany: it expires 70 years after first publication. Careful, this is true for magazines only, if there is a specific person mentioned then it expires 70 years after the death of this owner.

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    Nov 23, 2009, 07.03 PMby marmota-b

    Thank you! You know, my German is good enough to understand those patterns, but not good enough to look up such legal issues… so I’m glad I have a place to turn to!

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  May 17, 2011, 06.35 PMby n00bie4ever

  I’d like to post a quick thank you for the question and answers provided – saved me from looking like a silly-head and posting almost the same question! ; ) lol
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  May 22, 2011, 09.09 PMby jenss-1

  This is my area, so I thought I’d set it all straight here…U.S. copyright is the life of the author + 70 years, at present. That is, copyright protection continues until 70 years after the creator dies. If something is created/published by an organization, then copyright is 95 to 120 years, depending. This includes MOST foreign publications, including those from EU countries, Japan, Korea, etc. The law changed in 1978, abolishing the need for copyright renewals. That is, copyright is automatic and the owner need not register it at all to have protection. (However, trademarks, such as logos, are protected as long as the product/company is in the market, potentially limitless). The 1978 copyright changes were retroactive and applied to creations prior to that year as well. If possible, it is a good idea to get confirmation of “public domain” status from the original copyright owner. Even if an author or owner is no longer around, this does not make the copyright invalid. (A copyright is property. Someone has inherited the copyrights and can enforce them).

  You can see read about the U.S. copyright law here: http://www.copyright.gov/

  European copyright laws & artist rights laws are typically more stringent that U.S. laws, so I would not assume that these limitations exist on Euro publications. Anyway, if you want to be on the safer side, it’s worth checking it all out. If you SELL a copyrighted image and it is an infringement, you might be liable for royalties to the owner and in some cases, statutory damages. Potentially messy. Since the books were made for making clothes though, that is a different story. Only talking about the images & texts here.

  In my view, though, beyond the laws, it is important to be respectful of what others have created. Art, for example, is a process that builds on what others have created before—copying and adapting are a natural part of its evolution. This is a bit different, though, when it involves a commercial product for sale. Just something to think about.