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COPYRIGHT LAW & DIGITAL ARCHIVES. Lolly Gasaway June, 2000. U.S. Constitution, Article I, § 8, clause 8.

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copyright law digital archives

COPYRIGHT LAW & DIGITAL ARCHIVES

Lolly Gasaway

June, 2000

u s constitution article i 8 clause 8
U.S. Constitution, Article I, § 8, clause 8

“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.”

copyright basics
COPYRIGHT BASICS
  • Originality & creativity - § 102(a)
  • Fixation - § 102(a)
  • Published vs.

unpublished works

  • Registration
  • Deposit
notice of copyright
NOTICE OF COPYRIGHT

§ 401 (b)

1. © , COPYRIGHT, COPR.

2. Year of first publication

3. Name of copyright holder

© 2000

L. GASAWAY

term of copyright
TERM OF COPYRIGHT

1909 28 years

+28 years

56 years

1976 Act Section 202 life

Personal Author +50 years

?

1998 Amendment life

+ 70 years

?

sony bono term extension act ctea
SONY BONO © TERM EXTENSION ACT (CTEA)
  • Signed 10-27-99
  • Basically extended term of copyright by 20 years - to life + 70
  • Complies with law of

European Union

  • Constitutional

challenge underway

slide7
Corporate Authors 95 years after date 1st publication or 120 years after creation, whichever comes first.
when works pass into the public domain
WHEN WORKS PASS INTO THE PUBLIC DOMAIN

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

http://www.unc.edu/~unclng/public-d.htm

slide9
Published before Now in public domain None

1923

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

slide10
Created before 1-1-78, the effective Life + 70 years or

1-1-78, but not of the 1976 Act 12- 31-2002,which-

published which eliminated ever is greater

common law

copyright

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

12-31-2002

protectable works
PROTECTABLE WORKS

§ 102(a)

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

public domain
PUBLIC DOMAIN

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)

rights of the copyright holder
RIGHTS OF THE COPYRIGHT HOLDER

§ 106

  • Reproduction
  • Distribution
  • Adaptation
  • Performance
  • Display
  • Digital transmission of sound recordings
fair use
FAIR USE

§ 107

…“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.”

fair use factors
FAIR USE FACTORS

§ 107

  • Purpose and character of the use
  • Nature of the copyrighted work
  • Amount & substantiality used
  • Market effect
photographs
PHOTOGRAPHS
  • Who owns the copyright?
    • Generally photographer
    • Snapshots
    • Newspaper photos – depends, staff photographer or freelancer?
  • Who owns image on the photo?
  • How long does the copyright last?
  • What if it is unpublished?
  • What if it is a public domain photo?
slide17
How to obtain permission to use it
    • Locate photographer/copyright holder or heirs - ask
    • Archival collections may hold only copy but not copyright
      • Difference in owning photo & owning copyright
  • What does putting it on the web mean?
    • General publication
    • Restricting access may change the equation
slide19
Nothing!
  • Nothing changes the underlying copyright concepts
  • New method to infringe (copy) copyrighted works
slide20
Result = mass reproduction
  • A copy is made when the work is scanned, input or copied to send
  • Arguably, copy is made by every person who even reads or views the work on the screen
internet particulars
INTERNET PARTICULARS
  • Copyright still belongs to authors / publishers
  • No notice requirement
  • Listserv submissions copyrighted (if original)
slide22
Just because something is on the Internet does not mean it is there by permission
    • Articles on which you hold copyright
    • Someone else’s article
  • HINT: Specify how item was put there plus any restrictions on use
world wide web
WORLD WIDE WEB
  • Yes,home pages are copyrighted
    • No notice requirement, but is a good idea
    • Use of original works is no problem!
slide24
Original work =noproblem

Does inclusion of ©’d works require permission?

Text

Photographs,graphics, etc.

Motion media

Music

slide25
LINKING = CROSS REFERENCE
  • No problem = equivalent to cross references
    • Unless site is infringing
    • “Clean links”
  • Framing = problem
  • Logos = big problem; use url
protecting your work
What do you own?

Public domain photos digitized ?

No, underlying work is what’s copyrighted

Public domain = public domain

The compilation

Include a copyright notice

Detail any restrictions with that notice

e.g., no commercial use

Indicate if permission was received

Restrict access

Your choice

Public funding or other mission may dictate

PROTECTING YOUR WORK
assessing the risk
ASSESSING THE RISK
  • Age of photo
  • How much has been done to identify owner
  • Commercial vs. nonprofit status
  • Chance anyone will complain
  • Worst case scenario
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