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

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Unpublished Sound Recordings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 For unpublished anonymous and pseudonymous domain works and works made for hire (corporate authorship), 120 years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

Right statements

Below are common scenarios that should be included as part of the metadata record.

Please do not use Non-Exclusive Deposit License (which is intended for faculty publications) or manually assign cc-license.txt to any item.

1)      Rice Owned       

Rights to this material belong to Rice University. This digital version is licensed under a Creative Commons Attribution 3.0 Unported license.

2)      Permission granted by rights holder            

The copyright holder for this material has granted Rice University permission to share this material online. It is being made available for non-profit educational use and is licensed under a Creative Commons Attribution 3.0 Unported license.

• Note: Consent form should be stored with digital item as “dark” bitstream

3)      Orphan Works

The copyright holder for this material is either unknown or unable to be found. This material is being made available by Rice University for non-profit educational use under the Fair Use Section of US Copyright Law. This digital version is licensed under a Creative Commons Attribution 3.0 Unported License.

4)      Public Domain

This material is in the public domain and may be freely used, with attribution. This work is licensed under a Creative Commons Attribution 3.0 Unported License.

URL for all situations: http://creativecommons.org/licenses/by/3.0/