File:Gene and Glenn Jake and Lena 1935.JPG

eBay item photo front

Pre-1978, no mark

• The photo was taken at the radio studios of WTAM, which is where their program aired from for the NBC network. As above, at the time, radio studios looked a lot like living rooms or sitting rooms and were designed that way to put people, some of whom were not professional broadcasters, at ease and to try to make them feel more comfortable.
• The fact that the performers distributed this photo to the media for personal appearances they were doing indicates that either WTAM or NBC provided them with a supply of copies of this publicity photo with the apparent idea that any publicity generated for the comedy team would also benefit their radio program and the network it was aired on.
• No copyright marks are seen on the photo.
• The dating makes the item well within the pre-1978 timeframe.
• United States Copyright Office page 2 "Visually Perceptible Copies The notice for visually perceptible copies should contain all three elements described below. They should appear together or in close proximity on the copies.

1 The symbol © (letter C in a circle); the word “Copyright”; or the abbreviation “Copr.”

2 The year of first publication. If the work is a derivative work or a compilation incorporating previously published material, the year date of first publication of the derivative work or compilation is sufficient. Examples of derivative works are translations or dramatizations; an example of a compilation is an anthology. The year may be omitted when a pictorial, graphic, or sculptural work, with accompanying textual matter, if any, is reproduced in or on greeting cards, postcards, stationery, jewelry, dolls, toys, or useful articles.

3 The name of the copyright owner, an abbreviation by which the name can be recognized, or a generally known alternative designation of owner.1 Example © 2007 Jane Doe."