COPYRIGHT LAW & DIGITAL ARCHIVES

1. COPYRIGHT LAW & DIGITAL ARCHIVES Lolly Gasaway June, 2000

2. 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.”

3. COPYRIGHT BASICS • Originality & creativity - § 102(a) • Fixation - § 102(a) • Published vs. unpublished works • Registration • Deposit

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

5. TERM OF COPYRIGHT 1909 28 years +28 years 56 years 1976 Act Section 202 life Personal Author +50 years ? 1998 Amendment life + 70 years ?

6. 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

7. Corporate Authors 95 years after date 1st publication or 120 years after creation, whichever comes first.

8. 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

9. 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

10. 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

11. 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

12. 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)

13. RIGHTS OF THE COPYRIGHT HOLDER § 106 • Reproduction • Distribution • Adaptation • Performance • Display • Digital transmission of sound recordings

14. 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.”

15. FAIR USE FACTORS § 107 • Purpose and character of the use • Nature of the copyrighted work • Amount & substantiality used • Market effect

16. 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?

17. 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

18. WHAT DOES THE INTERNET DO TO © ?

19. Nothing! • Nothing changes the underlying copyright concepts • New method to infringe (copy) copyrighted works

20. 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

21. INTERNET PARTICULARS • Copyright still belongs to authors / publishers • No notice requirement • Listserv submissions copyrighted (if original)

22. 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

23. WORLD WIDE WEB • Yes,home pages are copyrighted • No notice requirement, but is a good idea • Use of original works is no problem!

24. Original work =noproblem Does inclusion of ©’d works require permission? Text Photographs,graphics, etc. Motion media Music

25. LINKING = CROSS REFERENCE • No problem = equivalent to cross references • Unless site is infringing • “Clean links” • Framing = problem • Logos = big problem; use url

26. 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

27. 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