COPYRIGHT LAW & DIGITAL ARCHIVES. Lolly Gasaway June, 2000. U.S. Constitution, Article I, § 8, clause 8.
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“The Congress shall have Power...To promote the Progress of Science and useful arts, by securing for limited times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.”
§ 401 (b)
1. © , COPYRIGHT, COPR.
2. Year of first publication
3. Name of copyright holder
1909 28 years
1976 Act Section 202 life
Personal Author +50 years
1998 Amendment life
+ 70 years
DATE OF WORK PROTECTED FROM TERM .
Created 1-1-78 When work is fixed in Life + 70 years (or, if
or after tangible medium of work of corporate
expression authorship, 95 years from publication, or 120 years from creation, whichever is first.
Revised to reflect 1998 Amendments
Published 1923-63 When published with 28 years + could
notice be renewed for 47
so renewed, now in public domain
Published 1964-77 When published with 28 years for first notice term; now automatic extension of 67 years for second term
1-1-78, but not of the 1976 Act 12- 31-2002,which-
published which eliminated ever is greater
Created before 1-1-78, the effective Life + 70 years or
1-1-78 but date of the Act which 12-31-2047,
published between eliminated common whichever is
then and law copyright. greater
1. Literary works
2. Musical works
3. Dramatic works
4. Pantomimes & choreographic works
5. Pictorial, graphic & sculptural works
6. Motion picture & other audiovisual works
7. Sound recordings
8. Architectural works
1. Materials on which the copyright has expired.
2. Materials in which the author never claimed copyright, i.e., “dedicated
to the public.”
3. Materials produced by the federal government (§ 105)
…“the fair use of a copyrighted work, including such use by reproduction in copies … for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
Does inclusion of ©’d works require permission?
Public domain photos digitized ?
No, underlying work is what’s copyrighted
Public domain = public domain
Include a copyright notice
Detail any restrictions with that notice
e.g., no commercial use
Indicate if permission was received
Public funding or other mission may dictatePROTECTING YOUR WORK