COPYRIGHT LAW & DIGITAL ARCHIVES Lolly Gasaway June, 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COPYRIGHT BASICS OO riginality & creativity - § 102(a) FF ixation - § 102(a) PP ublished vs. unpublished works RR egistration DD eposit

NOTICE OF COPYRIGHT § 401 (b) 1. ©, COPYRIGHT, COPR. 2.Year of first publication 3.Name of copyright holder © 2000 L. GASAWAY

TERM OF COPYRIGHT years +28 years 56 years 1976 ActSection 202 life Personal Author +50 years ? 1998 Amendment life + 70 years ?

SONY BONO © TERM EXTENSION ACT (CTEA)  Signed  Basically extended term of copyright by 20 years - to life + 70  Complies with law of European Union  Constitutional challenge underway

Corporate Authors95 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 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 beforeNow in public domainNone 1923 Published When published with28 years + could noticebe renewed for 47 so renewed, now in public domain Published When published with28 years for first noticeterm; now automaticextension of 67 years for second term

Created before1-1-78, the effective Life + 70 years or , but notof the 1976 Act ,which- publishedwhich eliminated ever is greater common law copyright Created before1-1-78, the effectiveLife + 70 years or but date of the Act which , published between eliminated common whichever is then and law copyright.greater

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 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  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? oGenerally photographer oSnapshots oNewspaper 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 it oLocate photographer/copyright holder or heirs - ask oArchival collections may hold only copy but not copyright  Difference in owning photo & owning copyright  What does putting it on the web mean? oGeneral publication oRestricting 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 oArticles on which you hold copyright oSomeone else’s article  HINT: Specify how item was put there plus any restrictions on use

WORLD WIDE WEB  Yes, home pages are copyrighted oNo notice requirement, but is a good idea oUse of original works is no problem!

 Original work =no problem  Does inclusion of © ’ d works require permission? oText oPhotographs, graphics, etc. oMotion media oMusic

 No problem = equivalent to cross references oUnless site is infringing o“Clean links”  Framing = problem  Logos = big problem; use url LINKING = CROSS REFERENCE

PROTECTING YOUR WORK  What do you own? oPublic domain photos digitized ?  No, underlying work is what’s copyrighted  Public domain = public domain oThe compilation  Include a copyright notice  Detail any restrictions with that notice oe.g., no commercial use oIndicate if permission was received  Restrict access oYour choice oPublic 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