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Provenance and Rights Record

Don the Beachcomber menu 1941

A copyright renewal search, and its result, recorded against the physical item held at Stanford.

ItemCHS2014.1476
Checked2026-09-03
DeterminationPublic domain (US)
Determination

The 1941 copyright was not renewed. The work has been in the public domain in the United States since 1 January 1970.

Published in the US in 1941 bearing a valid copyright notice, the menu received a 28 year initial term under the 1909 Act. Renewal was an affirmative filing due in the 28th year, during 1968 or 1969. No renewal registration exists in either of the two record sets that would contain one.

The object

What was examined

Front cover of the menu: a hand-painted map of the Pacific
[a] Front cover, the Pacific chart
Back cover of the menu listing original tropical dishes with wartime prices
[b] Back cover, the dish list
Title
Don the Beachcomber (Hollywood, Polynesian, Chinese)
Holding institution
California Historical Society Collection, Department of Special Collections, Stanford University Libraries
Call number
CHS2014.1476 [a], [b]
Catalogued date
1943
Copyright claim on item
1941
Printing dated by
OPA wartime ceiling price notice, 4 to 10 April 1943
Issuing addresses
1727 No. McCadden Place, Hollywood, California (est. 1933) · 101 East Walton Place, Chicago, Illinois (est. 1940)
Artist
Uncredited
Front cover
CHS2014.1476 [a].tif · 4731 × 5558 px, 600 dpi, 78.9 MB
Back cover
CHS2014.1476 [b].tif · 4731 × 5558 px, 600 dpi, 78.9 MB
Reference scan
4 pp., 20.2 MB. Envelope, front, inside spread, back.
Note
The inside spread, and with it the copyright notice, exists only in the lower resolution PDF. Not yet supplied at 600 dpi.
The notice

Printed at the foot of the inside spread

All rights reserved in all countries. Reproduction in whole or in part prohibited. Copyright, 1941, Don the Beachcomber.
A properly formed 1909 Act notice: word, year, proprietor. Its presence rules out the shortcut that carries most restaurant ephemera into the public domain, publication without notice, and makes the renewal question dispositive. No second notice appears on the front cover, the back cover, or either TIFF edge.
Term

How the copyright ran out

1941Published with notice. First term of 28 years begins.
1943This printing. The same 1941 claim carried forward.
1968–69Renewal window, the 28th year. A filing was required here. None was made.
1970Term expires 1 January. The work enters the public domain, permanently.

Cornell's public domain chart states the rule for this row, published 1931 through 1963, with notice, copyright not renewed, as: "None. In the public domain due to copyright expiration."

Evidence

What the searches returned

A menu could have been registered as a pictorial work or as a pamphlet, so both classes were searched. The final row is a control: it confirms the corpus actually contains renewals originating in 1941, so the zeroes above it mean absence rather than a gap in the transcription.

Record setScopeWindowTermsResult
CCE Artwork Renewals 1965–1977
Project Gutenberg #70611
Works of art, scientific and technical drawings, photographs, prints and pictorial illustrations. Classes G, H, I, J, K All four half-year volumes, 1968 + 1969 Beachcomber · Beach comber · Gantt · Sund · Sunset Corp · tiki · Polynesian · Trader Vic · Bergeron 0 hits
Stanford Copyright Renewal Database Books and pamphlets, Class A All renewal years "don the beachcomber" 0 hits
Stanford Copyright Renewal Database Books and pamphlets, Class A All renewal years "beachcomber" 2. W. McFee novel (1935); children's book (1960). Neither related.
Stanford Copyright Renewal Database Books and pamphlets, Class A All renewal years "gantt" 4. All W. Horsley Gantt, physiologist. No relation to Ernest R. B. Gantt.
Control Renewals of works published in 1941, inside the 1968 volumes of the same artwork corpus 1968 — 185 present
Base rate

The only menu renewed in thirteen years of filings

Pinocchio with tray. Menu. © 15Nov39; K42741. Walt Disney
Productions (PWH); 20Dec66; R398956.

Across the entire 1965 to 1977 artwork renewal corpus, this is the sole restaurant menu. Reading the entry: original registration K42741 on 15 November 1939, renewed as R398956 on 20 December 1966 by the proprietor of copyright in a work made for hire. The renewals that got filed belonged to organisations running standing copyright programmes with the calendar watched. For scale, Stanford's Class A database returns 13 results for "menu" and 20 for "restaurant" across all years and all claimants.

Limits

What this finding does and does not establish

It is a negative in a transcribed corpus

Not a title search from the Copyright Office. OCR and transcription errors are possible in any digitised index.

Both indexes are claimant arranged

A renewal filed under a proprietor name not among the terms searched would not surface. Claimant side names and subject terms were both tried.

The negative is consistent across two independent sets

Different classes, different compilers, same result. That is what raises this from a single silence to a reliable one.

Certainty is purchasable

The Copyright Office produces search reports for a fee. That is the instrument that converts strong confidence into a citable finding, should it ever be needed.

Separate from copyright, still live

Trademark. "Don the Beachcomber" is an active mark that has changed hands repeatedly and is being commercially revived. Public domain in the 1941 artwork does nothing for you on the name. The art is reproduced here as historical record, in an article about the business that printed it. It does not go on our own menu, signage or merchandise, and nothing here implies affiliation.

The institutional slip. The archival envelope carries a printed note reading "Scans are for reference use only. Further reproduction requires permission from the Department of Special Collections, Stanford University Libraries." This is an access assertion, not a copyright claim. Special Collections stated in writing on 2 September 2026 that CHS holds the physical copies only, holds no copyright, and cannot grant or withhold usage permission. Under Bridgeman v. Corel, a faithful flat reproduction of a two dimensional public domain work generates no new copyright in the United States, so the scans carry no separate term of their own. No licence agreement was signed.

Sources consulted

References

  1. U.S. Copyright Renewals: Artwork 1965 to 1977. Project Gutenberg #70611, transcribed from the Library of Congress Catalog of Copyright Entries.
  2. Stanford Copyright Renewal Database. Class A renewal registrations.
  3. Copyright Term and the Public Domain in the United States. Cornell University Library, the chart Special Collections referred us to.
  4. The Catalog of Copyright Entries. Online Books Page, University of Pennsylvania. Used to identify which volumes carry 1968 to 1969 renewals by class.
  5. Correspondence with the CHS Collection at Stanford team, Special Collections, Stanford University Libraries, 2 September 2026.

Prepared 3 September 2026 for the Swizzle archive. This record states the result of a documentary search and the reasoning applied to it. It is not legal advice.

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