Important points to know:
- Copyright for most published material now is automatic and endures for the life of the author plus 70 years, or 95 years from publication for corporate works.
- "Copyright in an unpublished work lasts for the life of the author plus 70 years. If the author (or the author’s death date) is unknown or if the author is a corporate body, then the term is 120 years from the creation date for the work." (SAA)
- Items that were published at various times, before 2002, under various conditions, have different copyright terms
- See this chart http://copyright.cornell.edu/resources/publicdomain.cfm
- Transfer of ownership of the physical copy does not automatically include transfer of the copyright. In most cases, unless specifically designated, selling the copy leaves the creator or current copyright owner in possession of the copyright.
- Except under specific considitions, reproduction of copyrighted material requires permission of the copyright owners
- Fair Use Exception
- Four factors
- the purpose and character of your use
- the nature of the copyrighted work
- the amount and substantiality of the portion taken, and
- the effect of the use upon the potential market.
- - See more at: http://fairuse.stanford.edu/overview/fair-use/four-factors/#sthash.7scRBUhe.dpuf
- Four factors
- Library Exceptions (archival, display, ILL)
- Fair Use Exception
- Special Case: Sound recordings (i.e. Eberhardt, Russell: copyright may reside jointly in the maker of the speech etc. and the recorder.)
- "Thus, sound recordings fixed before February 15, 1972, continue to be governed exclusively by state law; while sound recordings fixed on or after February 15, 1972, are governed exclusively by federal law." – http://blog.ericgoldman.org/archives/2014/10/a-seismic-ruling-on-pre-1972-sound-recordings-and-state-copyright-law-flo-eddie-v-sirius-xm-radio-guest-blog-post.htm
- pre-1972 NJ common law is addressed here: http://www.clir.org/pubs/reports/pub146/pub146.pdf
- "Thus, sound recordings fixed before February 15, 1972, continue to be governed exclusively by state law; while sound recordings fixed on or after February 15, 1972, are governed exclusively by federal law." – http://blog.ericgoldman.org/archives/2014/10/a-seismic-ruling-on-pre-1972-sound-recordings-and-state-copyright-law-flo-eddie-v-sirius-xm-radio-guest-blog-post.htm
Links:
Copyright and Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, and Museums, Peter B. Hirtle, Emily Hudson , and Andrew T. Kenyon
- Copyright law for librarians and educators: creative strategies and practical solutions. Kenneth D. Crews.
- Society of American Archivists, "Copyright and Unpublished Material"
- Society of American Archivists, "Orphan Works: Statement of Best Practices."