Miguel, you stated that "Anything first published in the U.S. before 1923 is now in the public domain". When a pre-1923 scan of a card or team photo is ordered from the Hall of Fame or any library, they always require a signed agreement that restricts what you can do with that scan (personal use vs commercial use).
They make it appear like they are the copyright holder even for 19th century baseball cards. The scans are always identical reproductions of the original and they employ no "modicum of creativity" to the scan. If these pre-1923 items are all in the public domain, how can the libraries legally restrict their use if they don't own the copyright?
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