Scope note: these guidelines are intended for cultural heritage materials.

Recommended rights statements for digital content deposited to institutional repository, see Right statements NEW

Copyright for images and texts

Links in graphic:

Digital Copyright Slider to help determine status : http://www.librarycopyright.net/digitalslider/

Use Information Sources to help determine status :

• US Copyright Registry http://www.copyright.gov/records/ -- Search copyright information for works registered and documents recorded by the U.S. Copyright Office since January 1, 1978.
• WATCH file for literary works and artists  http://norman.hrc.utexas.edu/watch/
• Sherpa Romeo for journal publishers http://www.sherpa.ac.uk/romeo/

Orphan Works : http://www.copyright.gov/orphan/

Use FAIR USE EVALUATOR and keep documentation of efforts http://www.librarycopyright.net/fairuse/

Copyright Information site · University of Minnesota Libraries https://www.lib.umn.edu/copyright/welcome

• See the Fair Use Analysis Tool,  the Copyright Decision Map and general information.

Code of Best Practices in Fair Use for the Visual Arts.  College Art Association. (2015). http://www.collegeart.org/fair-use/

• Provides fair use guidance for use of created works in teaching, writing, museums and libraries

Copyright for Sound Recordings

Definition :  "works that result from the fixation of a series of musical, spoken or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work." Source: U.S. Copy right Office, Circular 3, "Copyright Notice," available at htto:/Avww.oopvrighloov/circs/circ03.html 

Unpublished Sound Recordings

• Prior to 15 Feb. 1972: Subject to state common law protection. Enters the public domain on 15 Feb. 2067
• After 15 Feb. 1972 :  Life of the author + 70 years. For unpublished anonymous and pseudonymous domain works and works made for hire (corporate authorship), 120 years

--> therefore important to obtain donor consent for digital a/v materials

Published Sound Recordings

• Prior to 15 Feb. 1972:  Subject to state statutory and/or common law protection. Fully enters the public domain on 15 Feb. 2067
• 15 Feb 1972 to 1978:
• Published without notice = In the public domain
• Published with notice = 95 years from publication. 2068 at the earliest
• 1978 to 1 March 1989 : Published without notice, and without subsequent registration= In the public domain

Source: Peter Hirtle, Cornell Copyright Information Cente·. Copyright Term and the Public Domain in the United states,
1 January 2009. Available at http://www.copyrightcornell.edu/training/Hirtle_Public_Domain.htm

Other resources

• Campus Guide to Copyright Compliance (CCC)  
• Copyright and fair use with WRC materials (libguide)
• Copyright Term and the Public Domain in the United States. 1 January 2012. Cornell University. http://copyright.cornell.edu/resources/publicdomain.cfm
• RLI 279 Report: Special Issue on Special Collections and Archives in the Digital Age (June 2012) Association of Research Libraries. http://publications.arl.org/rli279/ (including copyright risk management strategies, legal and contractual issues)

Woodson Deed of Gift

• Example Woodson Research Center deed of gift for special collections materials, clarifying copyright status and potential use of materials in the university's IR, following example of ARL