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Unpublished Sound Recordings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 For unpublished anonymous and pseudonymous domain works and works made for hire (corporate authorship), 120 years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