COPYRIGHT LAW & DIGITAL ARCHIVES
Lolly GasawayJune, 2000
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
Originality & creativity - § 102(a)
Fixation - § 102(a) Published vs.
unpublished works Registration Deposit
NOTICE OF COPYRIGHT§ 401 (b)
1. © , COPYRIGHT, COPR.
2. Year of first publication
3. Name of copyright holder© 2000
L. GASAWAY
TERM OF COPYRIGHT1909 28 years
+28 years 56 years
1976 Act Section 202 lifePersonal Author +50 years
?
1998 Amendment life+ 70 years ?
SONY BONO © TERM EXTENSION ACT (CTEA)
Signed 10-27-99Basically extended
term of copyright by 20 years - to life + 70
Complies with law of European Union
Constitutional challenge underway
Corporate Authors 95 years after date 1st publication or 120 years after creation, whichever comes first.
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 Amendmentshttp://www.unc.edu/~unclng/public-d.htm
Published beforeNow in public domain None1923
Published 1923-63 When published with 28 years + couldnotice 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
Created before 1-1-78, the effective Life + 70 years or1-1-78, 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 which12-31-2047,published between eliminated common whichever isthen and law copyright. greater12-31-2002
PROTECTABLE WORKS§ 102(a)
1. Literary works2. Musical works3. Dramatic works4. Pantomimes & choreographic works5. Pictorial, graphic & sculptural works6. Motion picture & other audiovisual works7. Sound recordings8. Architectural works
PUBLIC DOMAIN1. Materials on which the copyright has expired.
2. Materials in which the author never claimed copyright, i.e.,
“dedicatedto the public.”
3. Materials produced by the federal government (§ 105)
RIGHTS OF THE COPYRIGHT HOLDER
Reproduction Distribution Adaptation Performance Display Digital
transmission of sound recordings
§ 106
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
Purpose and character of the use Nature of the copyrighted work
§ 107
Amount & substantiality used Market effect
PHOTOGRAPHS Who owns the copyright?
o Generally photographero Snapshotso 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?
How to obtain permission to use ito Locate photographer/copyright holder or
heirs - asko Archival collections may hold only copy
but not copyrightDifference in owning photo & owning copyright
What does putting it on the web mean?o General publicationo Restricting access may change the
equation
WHAT DOES THE INTERNET DO TO © ?
Nothing! Nothing changes the
underlying copyright concepts New method to infringe (copy)
copyrighted works
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
Copyright still belongs to authors / publishers
No notice requirement
Listserv submissions copyrighted (if original)
Just because something is on the Internet does not mean it is there by permission
o Articles on which you hold copyright
o Someone else’s article
HINT: Specify how item was put there plus any restrictions on use
WORLD WIDE WEBYes, home pages
are copyrighted
o No notice requirement, but is a good idea
o Use of original works is no problem!
Original work
=no problem Does inclusion of
©’d works require permission?
o Texto Photographs,
graphics, etc.
o Motion media
o Music
No problem = equivalent to cross referencesoUnless site is
infringingo“Clean links”
Framing = problem
Logos = big problem; use url
LINKING = CROSS REFERENCE
PROTECTING YOUR WORK What do you own?
o Public domain photos digitized ?No, underlying work is
what’s copyrightedPublic domain = public
domain
o The compilation
Include a copyright notice
Detail any restrictions with that noticeo e.g., no commercial
useo Indicate if
permission was received
Restrict accesso Your choiceo Public funding or
other mission may dictate
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