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Publicity photos published after 1924 were rarely renewed (a requirement for works published before 1964) and they often did not include a copyrightnotice (a requirement for works published before March 1989). Any published photos pre-dating 1925 are automatically public domain (although Brooks' career didn't begin until 1925).
Based solely on the complaint that was filed, there are six major issues raised by the case: First, were the recorded interviews a copyright-eligible “work of authorship”? Second, if so, who is the initial owner of the copyright(s)? Third, is Trump’s claim of ownership barred by 17 U.S.C. Penthouse Int’l, Inc. ,
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