How do postage stamps work?

Are all stamps before 1978 really under public domain? What if USPS uses my work of art without my permission?

• I am trying to figure out several things that I do not understand and would love it if anyone could help me: 1) what was the copyright law before 1977 regarding postage stamps? 2) Wikipedia says that postage stamps are in public domain if issued before 31 December 1977, and any stamp after 1978 are copyrighted by USPS. But I'm confused. Why are all postage stamps before 1977 under public domain? from what I understand an artist that creates a work of art has ownership to his work of art, as it is stated: "life of author, plus 70 years" So, if before 1977 I created a work of art and they made a post stamp out of it, would not the creator have rights to this kind of copyright??? or is it because it would be a "work for hire" by handing my artwork to USPS that changes things??? 'cause I thought about this hypothetical scenario: what if someone found out that her mother's paintings were used in a postage stamp without her mother ever knowing or giving permission for that to happen? could the person sue or take action about this and get her rights back? Hope you guys can help me! :)

• Answer:

  First, the rule about "life of author plus 70 years" does not apply to any works created prior to 1978. Works published prior to 1978 are copyrighted for 95 years from publication, if at all, or for 120 years from creation, if the author (and successor) never authorized publication. It is simply not true that all stamps prior to 1978 are "public domain", unless they were published without proper copyright notice and with the permission of the copyright owners. Therefore, under your scenario, mom's earlier paintings (assuming not published at all), would have been protected for 120 years after creation and that copyright would be owned by the author unless she had transferred it (in a signed written document) to someone else. Once the transferree or licensee has published the works, the copyright laws of that moment would determine the copyright duration, if any. There is another little legalism you may need to be aware of: the owner of the copyright may CHOOSE to donate all copyright to the public irrevocably, effectively making it "public domain", i.e., unenforceable, although still technically copyrighted. Finally, any stamps that have artwork created by the USPS, i.e., US government employees, or as "works made for hire" under a properly written contract, would have no copyright whatsoever. 17 USC § 105.