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Posts Tagged ‘wizard block making’

Thou Shalt Not Steal, Part II

January 31st, 2014 Sears Homes 10 comments

Who owns this pre-1923 image from an old Sears catalog?

Who owns this photo?

Shown above is a Wizard block-making machine. These were hugely popular for Sears and now they're in great demand as collectors' items. Apparently, they were well made and worked as promised. All for a mere $57.50!

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I sure don’t want my wonderful fun-laden website to turn into an on-going tutorial on copyright issues, but several times in the last few years, people have asked me, “Isn’t an image from an old catalog the property of the creator of that catalog?”

With the blog I published on January 29th, that question has arisen again.

With a caveat that the following is *my* understanding of the vagaries and complexities of intellectual property as it relates to pre-1923 images, I’ll give this a shot, but bear in mind…

I am just a lowly writer. My husband is the smarty-pants lawyer, but even he is reluctant to render an opinion on intellectual property issues because these laws are intricate, complicated and forever changing.

With that in mind, here goes.

The image shown above is pre-1923, which means it is in the public domain (and therefore, no longer has copyright protection). The image originally appeared in a 1910s Sears Concrete Block catalog. After scanning the image, I also cleaned it up a bit, cropping it down and removing spots and crease marks.

Practically speaking, anyone who knows how to use “copy and paste” can lift that image from my site and run with it (as many people have). However, there needs to be some consideration as to what was involved in my acquiring that image.

1)  Research. How many people even know that Sears offered these block-making machines? How many people are aware that Sears had a specialty catalog devoted to block-making?

2) Expense. Through the years, I’ve spent countless thousands of dollars on research materials and old catalogs. And the expense of acquiring these materials doesn’t even touch on the time I’ve spent on the road, giving lectures and listening to people’s stories after the lectures. Because of this, I’ve learned so much from people of all ages, throughout the country. Such education is invaluable and irreplaceable, but it does not come cheap.

3)  Time. I don’t have the emotional courage to add up how many hours I’ve spent researching architectural history, but I’ve written six books on this topic and that alone has required thousands of hours. And scanning a 100+page catalog can take HOURS.

4)  Expertise, which, honestly, combines all of the above.

And then there’s the labor involved.

In most cases, the process of scanning a 90-year-old catalog destroys the binding. You’re left with an abundance of brittle pages that must be stored in an acid-free envelope or folder. And after the scanning is done, there’s the long, slow process of cleaning up each and every image.

Back to my original question: Who owns the image?

The following comes from Wikipedia:

In Bridgeman Art Library v. Corel Corp. (1999), the New York District Court held that “a photograph which is no more than a copy of a work of another as exact as science and technology permits lacks originality. That is not to say that such a feat is trivial, simply not original”.

In spite of the effort and labor involved in creating professional-quality slides from the original works of art, the Court held that copyright did not subsist as they were simply slavish copies of the works of art represented.

Although that case related to photographs rather than scans, it would be reasonable to say that by analogy the US courts would not grant copyright to a scan which has been enhanced - even manually - with a view to creating an image which is as similar as possible to the original.

Where the enhancement has gone beyond that, for example in bringing out selected details or colors not easily visible in the original, Bridgeman Art Library v. Corel Corp. may be less persuasive, and such cases should be considered on their own facts.

Seems that even for the courts, these are murky waters.

From my reading of Bridgeman Art Library v. Corel Corp., the act of scanning does not in and of itself constitute the creation of a “new” image that can be protected by copyright (which does not bode well for all the poor saps who scan pre-1923 catalogs and sell the CDs on eBay).

Conversely, when it comes to my contemporay photographs, those are most certainly protected by modern copyright laws.

However, even if my “scanned and enhanced pre-1923 images” are not protected by copyright laws (and it appears they may not be), the fact remains that from a literary standpoint, the ethical and professional thing to do is to give attribution and credit when materials are taken from another source.

And as Rachel has pointed out, it’s also the smart thing to do. This website gets 1,200+ visitors every day. Sharing some “Link love” is a sure-fire way to boost visitors at your own website.

In conclusion, if you wish to use any images from my site, please - oh please - just put my name with the image. Something like, “This image is used courtesy Rosemary Thornton,” or, “Image is courtesy searshomes.org.”

It’s just the right thing to do.

And now, back to happy things.

To read about my beautiful “Atomic Kitchen,” click here.

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This is one of the happiest pictures I could find. Its my brother Eddie, licking the beaters after Mother had made some wonderful dessert.

This is one of the happiest pictures I could find. It's my brother Eddie, licking the beaters after Mother had made some wonderful dessert (about 1958). He stands in front of our home's fine-looking metal cabinets that were in our 1925 Colonial Revival house in Portsmouth. Check out the round handles on the cabinet's front. And to the left is a top-loading portable dishwasher, which we used to store dishes. It had a glass top, and some plumber told Mother that if she ever hooked it up to the sink, our entire plumbing system would explode and we'd have to have new lines installed, all the way from the city reservoir system to our sink. Or something like that. One night, when my parents went out, my brothers hooked up the dishwasher and let it run through a cycle. We were all relieved and pleased when nothing exploded. Lastly, check out Eddie's flannel-lined pants. So very cool!

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Another happy picture is me,

Here's a happy picture of moi, studying the intricacies of our beautiful wooden staircase (just out of view). I always loved that staircase with its solid walnut banister, terminating with a winding volute. I spent my hours wondering how it was all assembled. Mother is jiggling the crib in an effort to distract me (about 1960). To this day, a soft jiggle is still thoroughly distracting.

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To read about Frank’s beautiful Strathmore in Waldwick, NJ, click here.

Interested in the Sears Wizard? Click here!

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Richard Warren Sears: My Hero

November 26th, 2012 Sears Homes 4 comments

Richard Warren Sears is one of my favorite characters in American history. He truly was a marketing genius, a fascinating entrepreneur and a real family man. Throughout his life, he maintained a deep and profound devotion to his family.

Richard Warren Sears was about 16 years old when his father died. That’s when Richard went to work to support the family.

By the mid-1880s, he’d found gainful employment as a railway station agent in Redwood Falls, Minnesota. Early in his career, Sears paid a mere $50 for a shipment of watches that arrived at the train station and had been refused by a local merchant. Selling them to other railway agents and passengers, Sears turned $50 worth of watches into $5000 in a few months.

His timing could not possibly have been any better.

With the advent of the steam locomotive, people could now travel easily throughout the country, but there was one problem with all this zipping to and fro:  In the early 1880s, our country had 300 time zones.

Many rural communities still relied on sun-time. Travelers headed west we’re expected to subtract one minute for every 12 miles of travel. Travelers headed east did the opposite.

Hope youre good at ciphering!

In November 1883, railway companies lobbied Congress to establish four time zones, to help standardize complicated train schedules. And what need did this new-fangled law breed? Watches.

Suddenly, they were a very hot commodity.

In 1886, 23-year-old Sears invested his $5000 cash profit into a new watch business and called it the R. W. Sears Watch Company. He advertised in regional newspapers and soon moved the business from Minneapolis to Chicago.

Occasionally the watches came back needing repairs, so in 1887, Sears decided it was time to hire a helper. A young watch repairman from Hammond, Indiana responded to Sears help wanted ad and was hired immediately.

And what was the watch repairman’s name?

Alvah Curtis Roebuck.

Richard and Alvah became good friends and eventually partners.

In 1891, Sears and Roebuck published their first mail order catalog (52 pages), offering jewelry and watches. By 1893, the little catalog had grown to 196 pages and offered a variety of items, including sewing machines, shoes, saddles and more. By the following year, the catalog hit 507 pages.

In 1895, Alvah Roebuck decided he wanted out. The 31-year old watch repairman’s health was collapsing under the strain of this new fast-growing business. The enormous burden of debt coupled with Sears wild ways of doing business were too much for mild-mannered, methodical Alvah.

He asked Sears to buy his one-third interest in the company for $25,000.

Of course, Sears didn’t have that kind of cash on hand, so he offered Chicago businessmen Aaron Nusbaum and Julius Rosenwald (Nusbaums brother-in-law) a one-half interest in the company. The price - $75,000, or $37,500 each. Six years later, in 1901, Rosenwald and Sears decided to buy out Nusbaum and offered him $1 million for his share of the business. Nusbaum refused and asked for $1.25 million, which he received.

(Pretty tidy profit for six years!)

Following a nationwide depression in 1907, Rosenwald and Sears were at loggerheads on the best course of action to weather the economic storm. This disagreement really did highlight their radically different concepts about everything.

On November 1, 1908, 44-year-old Richard W. Sears emerged from a terse, closed-door meeting with Rosenwald and announced that he would resign as President from his own company.

Sears reason for retiring: He didnt see the work as fun anymore. A short time later, Sears sold his stock for $10 million dollars. There was another reason for his departure. Sears wanted more time to take care of his ailing wife, who had suffered from ill health for years.

In September 1914, at the age of 50, Sears died from kidney disease, having turned $50 worth of pocket watches into a multimillion dollar mail-order empire. His estate was valued at more than $20 million.

Not too bad for a kid that got his start selling unwanted watches at a little train depot in Redwood Falls.

To read Part II of this blog, click here.

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Richard Warren Sears was one smart cookie. Hes shown here in his office in Sears World Headquarters (Chicago).

Richard Warren Sears was one smart cookie. He's shown here in his office the Sears' Headquarters (Chicago), at the corner of Homan Avenue and Arthington Street. It's claimed that Mr. Sears had one of the very first telephones in the state of Illinois. He had another telephone installed in his mother's home in Oak Park. Now *that's* a good son! :)

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Look at that telephone!

Look at that telephone! I bet that would fetch a pretty price on eBay! And you may notice that Mr. Sears is holding a Sears catalog in his right hand. He was quite the promoter.

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Sears retired from his own company in 1908, which was the same years that Sears issued its first Sears Modern Homes catalog (shown above).

Sears retired from his own company in 1908, which was the same years that Sears issued its first "Sears Modern Homes" catalog (shown above).

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Did you know that Sears sold cars in the 1950s? You’ll never guess the brand name they gave to their vehicles!  :)

To learn more about Sears Homes, click here.

To read another really fun blog, click here.

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Make Blocks For Fun and Profit with The Wizard Block-Making Machine

January 24th, 2011 Sears Homes 12 comments

In the first years of the 20th Century, cement was all the rage. And the idea of making your own cinder blocks (for fun and profit) apparently also became quite popular. In the early 1900s, the pages of American Carpenter and Builder (a building magazine from that era) were filled with advertisements for block-making machines and cement-stirring machines.

Sears offered the Wizard Block Making machine which retailed for $57.50 (a bargain at twice the price!). And Sears suggested that a man could save a lot of money on building a new home if he made his own blocks. Now if a man devoted himself to making nothing but blocks and if a man had someone else preparing the cement for pouring, he could make about one every two minutes. To do this, the poured cement was loaded into a form, pressed down, and then removed. The form was not removed until the concrete had hardened a bit. That meant if you were serious about making blocks, you had to have several forms on hand.

The ad below suggests that the block could be removed immediately from the form. I’d love to know if that was accurate. Having never made a block in the Sears Roebuck Wizard Block Making Machine, I can’t say for sure.

Sears estimated that 1,300 blocks were needed for the basement of The Chelsea (one of their kit homes). The Chelsea was a modest foursquare on a short cellar. If you devoted yourself to the creation of those blocks and really hustled, you’d need about five eight-hour days to do nothing but work like a dog making blocks. And that’s if he had someone else preparing the cement. That’s a lot of work.

When I give talks on Sears Homes, I get a surprising number of questions about the Wizard Block Making Machine. Apparently this labor-intensive, cinder-block maker was quite a popular item for Sears.

To learn more about Sears Homes, click here.

The Wizard

The Wizard

The catalog extols the many virtures of The Wizard

The catalog extols the many virtures of The Wizard

More info on the many benefits of The Wizard

More info on the many benefits of The Wizard

In what looks like a backwards evolution graphic, a man demonstrates how to use the easy-to-use Wizard block-making machine.

In what looks like a backwards evolution graphic, a man demonstrates how to use the "easy-to-use" Wizard block-making machine.

To read more about Sears Homes, click here.

To learn more about Rose’s book on Sears Homes, click here.

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Sears Kit Condos

August 24th, 2010 Sears Homes No comments

Years ago, my friend Rebecca Hunter drove me to an Midwestern suburb and showed me this Sears Westly (see pictures below). She made me close my eyes as we pulled up to the house. Sitting squarely in front of it, I exclaimed that it looked  like a nice little Westly. Then she giggled a bit and pulled forward, so I could see “The rest of the story.”

I gasped in horror. Incredibly, someone built a neighborhood behind this once-darling Sears Westly. Why anyone would do this, is a puzzle. How anyone got zoning approval to do this is a BIGGER puzzle!!

To buy Rose’s book (and get it inscribed!), click here.

To learn how to identify Sears Homes, click here.

Sears Westly from the 1919 Sears Modern Homes catalog

Sears Westly from the 1919 Sears Modern Homes catalog

Westly in Midwestern suburb

Westly in Midwestern suburb