Digital Projects Digital Projects Copyright and the Public Copyright and the Public

DomainDomainWhat You Need to KnowWhat You Need to Know

Prepared by Karen Tallman 5/20/2003Prepared by Karen Tallman 5/20/2003

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Creating New Digital ProjectsCreating New Digital Projects

In 2002,The University of Arizona Library In 2002,The University of Arizona Library Digital Library Initiatives Group (DLIG) created Digital Library Initiatives Group (DLIG) created “A checklist for librarians and staff involved in “A checklist for librarians and staff involved in creating new digital projects” creating new digital projects” http://digital.library.arizona.edu/documents/http://digital.library.arizona.edu/documents/

The Checklist covers rights, non-duplication, The Checklist covers rights, non-duplication, value, enhancement of intellectual access, value, enhancement of intellectual access, demand, cross-collection collaboration, demand, cross-collection collaboration,

preservation, intellectual control, and preservation, intellectual control, and technical feasibility.technical feasibility.

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Creating New Digital ProjectsCreating New Digital Projects Under ‘Rights’ the first question is: Are rights Under ‘Rights’ the first question is: Are rights

and permissions for electronic distribution and permissions for electronic distribution secured or easily securable? The choices are: secured or easily securable? The choices are: ___source materials are in public domain, or ___source materials are in public domain, or

___owned by UA or ABOR, or ___owned by UA or ABOR, or ___copyright holder willing to confer ___copyright holder willing to confer

distribution rights, ordistribution rights, or___co-creators of project are UA ___co-creators of project are UA

members and rights would be members and rights would be owned by UAowned by UA

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Creating New Digital ProjectsCreating New Digital Projects The first place to start may be to see if the The first place to start may be to see if the

material in question is in the Public Domain.material in question is in the Public Domain. This presentation covers what you need to know This presentation covers what you need to know

to find out if something is in the Public Domain.to find out if something is in the Public Domain. Warning: There will be a group test at the end! Warning: There will be a group test at the end!

Good news: The answers are in here! Good news: The answers are in here! Warning: You have to know a little about Warning: You have to know a little about

Copyright Law! Copyright Law! Good news: You don’t have to Good news: You don’t have to

memorize it!memorize it!

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What is Meant by Public Domain?What is Meant by Public Domain? All entities, information, and All entities, information, and creative works that are available creative works that are available for use by anyone, for any for use by anyone, for any reason, without restriction.reason, without restriction.

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What is in the Public Domain?What is in the Public Domain? A work published before there was A work published before there was

copyright law, andcopyright law, and A work for which:A work for which:

Copyright protection expired or was not Copyright protection expired or was not renewedrenewed

Copyright protection was lost or never Copyright protection was lost or never acquiredacquired

The copyright owner dedicated the work The copyright owner dedicated the work to the public domain, orto the public domain, or

Copyright protection was not appropriateCopyright protection was not appropriate

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Why Do We Have a Public Domain?Why Do We Have a Public Domain?

Copyright laws encourage the Copyright laws encourage the creation of new works by offering:creation of new works by offering: A monopoly over use of the work, and A monopoly over use of the work, and Economic incentives to control the Economic incentives to control the

sale of the worksale of the work

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Why Do We Have a Public Domain?Why Do We Have a Public Domain?

But the primary goal of copyright law is But the primary goal of copyright law is to foster the creation of new works that to foster the creation of new works that will one day enter the public domain will one day enter the public domain where they can be freely used.where they can be freely used.

That is why there are limitations on That is why there are limitations on copyright protection for copyright protection for authors.authors.

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How Do You Know if a Work is in How Do You Know if a Work is in the Public Domain?the Public Domain?

**YOU* have to determine if the YOU* have to determine if the work is in the public domain by work is in the public domain by

understanding and applying understanding and applying some basic copyright rules.some basic copyright rules.

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U.S. CopyrightU.S. Copyright Copyright © is an ‘unregistered Copyright © is an ‘unregistered right’ of authors that protects:right’ of authors that protects: original literary, dramatic, musical, original literary, dramatic, musical, and artistic works, films and and artistic works, films and broadcasts, editions and recordings broadcasts, editions and recordings

from reproduction without permission.from reproduction without permission.

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U.S. U.S. CopyrightCopyright Copyright protects works of authorship including:Copyright protects works of authorship including:

WritingsWritings Musical works, including lyricsMusical works, including lyrics PlaysPlays PhotographsPhotographs DatabasesDatabases MapsMaps Art work, sculpture & graphicsArt work, sculpture & graphics Movies & videosMovies & videos Computer softwareComputer software Sound recordingsSound recordings Pantomimes and choreographic worksPantomimes and choreographic works Architectural drawings and blueprintsArchitectural drawings and blueprints Boat hull designsBoat hull designs

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U.S. CopyrightU.S. Copyright

The three requirements for copyright The three requirements for copyright are:are: FixationFixation

““In a tangible medium of expression” In a tangible medium of expression” OriginalityOriginality

This includes any ‘new work’ (and only the ‘new This includes any ‘new work’ (and only the ‘new work’) added to a work in the public domainwork’) added to a work in the public domain

Minimal creativityMinimal creativity Transposing a musical work in the public Transposing a musical work in the public

domain from one key to another is not domain from one key to another is not considered minimally creativeconsidered minimally creative

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U.S. CopyrightU.S. Copyright Before March 1, 1989, all published works had to Before March 1, 1989, all published works had to

contain a copyright notice to be protected. Since contain a copyright notice to be protected. Since 1989, the use of copyright notices is optional.1989, the use of copyright notices is optional.

Works published before March 1, 1989, Works published before March 1, 1989, without a valid copyright notice without a valid copyright notice

are now in the public domain—are now in the public domain— unless corrective measures were unless corrective measures were taken to register copyright. If taken to register copyright. If registered, these works are now registered, these works are now protected for 70 years after the protected for 70 years after the author’s death, or if work is of corporate author’s death, or if work is of corporate authorship, the shorter of 95 years from authorship, the shorter of 95 years from publication, or 120 years from creation.publication, or 120 years from creation.

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U.S. CopyrightU.S. Copyright Note: the penalties for placing a copyright Note: the penalties for placing a copyright

notice on a work in the public domain are notice on a work in the public domain are small—but it can happen.small—but it can happen.

Note: You can register a work with the Note: You can register a work with the Copyright Office but it is no longer Copyright Office but it is no longer mandatory.mandatory.

Copyright protects both drafts and Copyright protects both drafts and completed works, and both completed works, and both published and unpublished works.published and unpublished works.

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No CopyrightNo Copyright Copyright does not protect Copyright does not protect ideasideas. . It protects the way the idea is It protects the way the idea is expressedexpressed in a piece of work. in a piece of work.

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No CopyrightNo Copyright Items thought to intrinsically Items thought to intrinsically belong to everyone can't be belong to everyone can't be copyrighted. copyrighted.

Included in this category are Included in this category are entities such as:entities such as:

facts, numbers, ideas, short phrases, facts, numbers, ideas, short phrases, blank forms, processes, and titles.blank forms, processes, and titles.

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No CopyrightNo Copyright As a matter of public policy, As a matter of public policy, works produced by the Federal works produced by the Federal government or its government or its agents are not agents are not copyrighted copyrighted and are in the and are in the public domain, public domain, which is why we which is why we can use can use federal documents federal documents without without restriction.restriction.

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U.S. Copyright LawU.S. Copyright Law 17 U.S.C.17 U.S.C.United States Code: Title 17 - United States Code: Title 17 - CopyrightsCopyrights

http://caselaw.lp.findlaw.com/casecode/uscodes/17/toc.htmlhttp://caselaw.lp.findlaw.com/casecode/uscodes/17/toc.html

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U.S. Copyright LawU.S. Copyright Law Copyright act of 1909Copyright act of 1909 Before 1978, copyright was secured Before 1978, copyright was secured

either on the date a work was either on the date a work was published with a copyright notice, or published with a copyright notice, or on the date of registration if the on the date of registration if the work work was registered in unpublished was registered in unpublished

form.form. In either case, the copyright endured for a first In either case, the copyright endured for a first

term of 28 years from the date it was securedterm of 28 years from the date it was secured..

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U.S. Copyright LawU.S. Copyright Law Copyright Act of 1976Copyright Act of 1976 Became effective 1/1/1978Became effective 1/1/1978 Extended the renewal term from 28 Extended the renewal term from 28

to 47 years for works published to 47 years for works published before 1/1/1978.before 1/1/1978.

After 1/1/1978 new terms initiated After 1/1/1978 new terms initiated based on Life of Author+70yrs.based on Life of Author+70yrs.

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U.S. Copyright Law AmendedU.S. Copyright Law Amended

Public Law 102-307, enacted on June 26, Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Act to 1992, amended the 1976 Copyright Act to provide for ‘automatic’ renewal of the term of provide for ‘automatic’ renewal of the term of copyrights secured between January 1, 1964, copyrights secured between January 1, 1964, and December 31, 1977.and December 31, 1977.

The 75yr. renewal term became ‘automatic,’ but The 75yr. renewal term became ‘automatic,’ but the Copyright Office did not issue a the Copyright Office did not issue a renewal certificate for these works renewal certificate for these works unless a renewal application and fee unless a renewal application and fee

were received and registered in the were received and registered in the Copyright Office.Copyright Office.

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U.S. Copyright Law AmendedU.S. Copyright Law Amended

Public Law 105-298, enacted on October Public Law 105-298, enacted on October 27, 1998, further extended the renewal 27, 1998, further extended the renewal term of copyrights still subsisting on term of copyrights still subsisting on that date by an additional 20 years, that date by an additional 20 years,

providing for a renewal term of providing for a renewal term of 67 years and a total term of 67 years and a total term of protection of 95 years.protection of 95 years.

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U.S. Copyright LawU.S. Copyright Law

U.S. works in the public domain on U.S. works in the public domain on 1/1/1978, (for example, works published 1/1/1978, (for example, works published without satisfying all conditions for without satisfying all conditions for securing federal copyright under the securing federal copyright under the

Copyright Act of 1909) remain in the Copyright Act of 1909) remain in the public domain under the 1976 public domain under the 1976 Copyright Act.Copyright Act.

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Copyright and Public DomainCopyright and Public Domain When do copyrighted works move When do copyrighted works move

into the public domain?into the public domain? When can I use a work without When can I use a work without permission?permission?

How do I apply the copyright laws How do I apply the copyright laws to the publications I need to the publications I need to use?to use?

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What You Need to KnowWhat You Need to Know Anything published before 1923 is in Anything published before 1923 is in

the public domain whether it was the public domain whether it was renewed or not. renewed or not.

If renewed, the copyright expired by If renewed, the copyright expired by 1998 at the latest. 1998 at the latest.

So, for items published before 1923, So, for items published before 1923, there are NO restrictions on there are NO restrictions on use!use!

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What You Need to KnowWhat You Need to Know For works published 1923-1963, the For works published 1923-1963, the

copyright copyright expired in 1991expired in 1991, if copyright , if copyright was *not renewed* in the 28th year was *not renewed* in the 28th year after publication. (Copyright runs on a after publication. (Copyright runs on a

calendar year.)calendar year.) With the exception of maps, music & With the exception of maps, music &

movies, only about 15% of works movies, only about 15% of works published 1923-1963 were renewed. published 1923-1963 were renewed.

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What you Need to KnowWhat you Need to KnowResearching for Copyright RenewalResearching for Copyright Renewal

Only works published 1923-1963 need to Only works published 1923-1963 need to be researched to see if the copyright be researched to see if the copyright has been renewed! has been renewed!

If the copyright has *not* been If the copyright has *not* been renewed, the work is in the renewed, the work is in the public domain.public domain.

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What You Need to KnowWhat You Need to Know There is no need to research materials There is no need to research materials

for works published after 1963.for works published after 1963. All works published 1964-1977 receive All works published 1964-1977 receive

an automatic 95-year copyright term.an automatic 95-year copyright term. Works published in 1978 and later never Works published in 1978 and later never

have to be renewed because copyright have to be renewed because copyright lasts for the life of the author lasts for the life of the author plus 70 years after the author’s plus 70 years after the author’s death.death.

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Researching Works Published Researching Works Published 1923-19631923-1963

Ask the U.S. Copyright Office to Ask the U.S. Copyright Office to conduct a search for you @ $65/hr.conduct a search for you @ $65/hr.

Hire a private copyright research firm Hire a private copyright research firm like Thomson & Thomson to do a searchlike Thomson & Thomson to do a search http://www.thomson-thomson.comhttp://www.thomson-thomson.com @$75 @$75

Or, better yet, Conduct the search Or, better yet, Conduct the search yourself!yourself!

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Researching Works Published Researching Works Published 1923-19631923-1963

Your goal is to find out if a work Your goal is to find out if a work published from 1923 through published from 1923 through

1963 was renewed on the 1963 was renewed on the 2828thth year after publication year after publication

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Researching Works Published Researching Works Published 1923-19631923-1963

Go to the U.S. Copyright Office Go to the U.S. Copyright Office website at: website at: http://www.loc.gov/copyright/http://www.loc.gov/copyright/

Click on Registration & Documents Click on Registration & Documents http://www.copyright.gov/records/http://www.copyright.gov/records/

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Researching Works Published Researching Works Published 1923-19631923-1963

You can search by author or title You can search by author or title (among other ways).(among other ways).

You are looking for a Renewal Date, You are looking for a Renewal Date, or an “Effective Registration or an “Effective Registration Date” in addition to the Date” in addition to the Original Registration DateOriginal Registration Date

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Example: Example: LolitaLolita

Search for Search for LolitaLolita by Vladimir Nabokov by Vladimir Nabokov Click on: ‘Books, Music, etc.’ Click on: ‘Books, Music, etc.’

Search by author or title.Search by author or title. Select and display appropriate record.Select and display appropriate record.

Note: “Original Registration Date” is: Note: “Original Registration Date” is: 15Sep5515Sep55

Note: Renewal or “Effective Registration Note: Renewal or “Effective Registration Date” is: 8Apr83Date” is: 8Apr83

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Example: Example: LolitaLolita From the record you can tell that From the record you can tell that LolitaLolita was originally published on was originally published on September 15, 1955 and renewed September 15, 1955 and renewed on April 8, 1983. on April 8, 1983.

The copyright renewal will last The copyright renewal will last for 95 years, or until the for 95 years, or until the end of 2050.end of 2050.

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What the Law SaysWhat the Law Says

When When published from 1923-63published from 1923-63 (and (and renewed: protected 95 yrs)renewed: protected 95 yrs)

First protected when published with © First protected when published with © notice for 28yrs notice for 28yrs (i.e. up to 1991)(i.e. up to 1991)

© Renewable for 47yrs © Renewable for 47yrs (up to 2038);(up to 2038); now now extended by 20yrs for a total extended by 20yrs for a total renewal of 67yrs renewal of 67yrs (up to 2058(up to 2058))

When published w/o © notice = public When published w/o © notice = public domaindomain

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What the Law SaysWhat the Law Says

When When published from 1964-77published from 1964-77 (protected 95yrs)(protected 95yrs)

First protected when published with © First protected when published with © notice for 28yrs notice for 28yrs (up to 2005);(up to 2005); now now automatic extension of 67yrs automatic extension of 67yrs (up to (up to 2072)2072)

When published w/o © notice = public When published w/o © notice = public domaindomain

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What the Law SaysWhat the Law Says

CreatedCreated beforebefore 1/1/78 but *not 1/1/78 but *not published*published*

Life of the Author+70yrs or12/31/2002, Life of the Author+70yrs or12/31/2002, whichever is whichever is greatergreater

1/1/78 is the effective date of 1/1/78 is the effective date of the 1976 Act which the 1976 Act which eliminated common law eliminated common law copyrightcopyright

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What the Law SaysWhat the Law Says CreatedCreated beforebefore 1/1/78 but *published 1/1/78 but *published

between then and 12/31/2002*between then and 12/31/2002* Life of the Author+70yrs or 12/21/2047, Life of the Author+70yrs or 12/21/2047,

whichever is greaterwhichever is greater 1/1/78, is the effective date of the 1/1/78, is the effective date of the

1976 Act which 1976 Act which eliminated common law eliminated common law copyrightcopyright

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What the Law SaysWhat the Law Says CreatedCreated 1/1/78 or after, and 1/1/78 or after, and When the work is When the work is fixed in a fixed in a tangible medium of expressiontangible medium of expression

Life+70yrs (or for corporate Life+70yrs (or for corporate authorship, the shorter of authorship, the shorter of 95yrs from publication or 95yrs from publication or 120yrs from creation)120yrs from creation)

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What if I Use Something What if I Use Something Without Permission that is not in Without Permission that is not in

the Public Domain?the Public Domain? No one can sue you if you use a No one can sue you if you use a work unless they know about it.work unless they know about it.

However, remember that However, remember that publication on the Internet publication on the Internet has made ‘discovery of has made ‘discovery of use’ easieruse’ easier

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So Please Do The Research FirstSo Please Do The Research First

If you find the work is in the If you find the work is in the public domain—you can use it!public domain—you can use it!

If the work is still protected by If the work is still protected by copyright, you will have to copyright, you will have to get permission from the get permission from the copyright owner (and copyright owner (and probably have to pay) to probably have to pay) to use it.use it.

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In Conclusion: A Group TestIn Conclusion: A Group Test Works published before 1923 are in the P_____ Works published before 1923 are in the P_____

D_____ because the copyright has e______.D_____ because the copyright has e______.

For works published 1923-1963, the copyright expired For works published 1923-1963, the copyright expired in 1991, but must be researched to see if they are in in 1991, but must be researched to see if they are in the P_____ D_____ or if copyright has been r_____.the P_____ D_____ or if copyright has been r_____.

Works published from 1964-1977 have an Works published from 1964-1977 have an automatic __-year copyright term.automatic __-year copyright term.

Works published from 1978 on are protected Works published from 1978 on are protected for L___ of the A_____ + __ years, with for L___ of the A_____ + __ years, with some variations.some variations.

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In Conclusion: A Group Test/AnswersIn Conclusion: A Group Test/Answers Works published before 1923 are in the Public Domain Works published before 1923 are in the Public Domain

because the copyright has expired.because the copyright has expired.

For works published 1923-1963, the copyright expired For works published 1923-1963, the copyright expired in 1991, but must be researched to see if they are in in 1991, but must be researched to see if they are in the Public Domain or if copyright has been renewed.the Public Domain or if copyright has been renewed.

Works published from 1964-1977 have an Works published from 1964-1977 have an automatic 95-year copyright term.automatic 95-year copyright term.

Works published from 1978 on are protected Works published from 1978 on are protected for Life of the Author + 70 years, with for Life of the Author + 70 years, with some variations.some variations.

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Short Reference for U.S. MaterialShort Reference for U.S. Material Published before 1923: Public DomainPublished before 1923: Public Domain Published 1923-1963 & not renewed: Public DomainPublished 1923-1963 & not renewed: Public Domain Published 1923-1963 & renewed: 95 years from the date of Published 1923-1963 & renewed: 95 years from the date of

first publicationfirst publication Published between 1964-1977: 95 years from the date of Published between 1964-1977: 95 years from the date of

first publication (renewal term automatic)first publication (renewal term automatic) Created 1978 or later (whether published or not): Single Created 1978 or later (whether published or not): Single

term of life+70 yrs. (but if a work is made for hire or term of life+70 yrs. (but if a work is made for hire or anonymous or pseudonymous—95 yrs. from the date of anonymous or pseudonymous—95 yrs. from the date of publication or 120 yrs. from the date of creation, whichever publication or 120 yrs. from the date of creation, whichever ends first)ends first)

Created, but not published or registered before 1978: Created, but not published or registered before 1978: Single term of life+70 yrs., but cannot expire before Single term of life+70 yrs., but cannot expire before Dec.31, 2002 (if work remains unpublished) or Dec. 31, Dec.31, 2002 (if work remains unpublished) or Dec. 31, 2047 (if work is published before Jan. 1, 2003)2047 (if work is published before Jan. 1, 2003)

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Digital ProjectsDigital ProjectsCCopyright and the Public Domain Resourcesopyright and the Public Domain Resources

For information in this presentation & more, see:For information in this presentation & more, see: Cornell Institute for Digital Collections: (Chart)Cornell Institute for Digital Collections: (Chart)

http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htmhttp://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm DLIG checklist:DLIG checklist: http://digital.library.arizona.edu/documents/http://digital.library.arizona.edu/documents/ Fishman, Stephen. Fishman, Stephen. The Public Domain: How to Find & Use Copyright-The Public Domain: How to Find & Use Copyright-

Free Writings, Music, Art & MoreFree Writings, Music, Art & More. Berkeley, CA: Nolo.com, 2000. Berkeley, CA: Nolo.com, 2000 Gasaway, Lolly.“When Works Pass into the Public Domain” (Chart)Gasaway, Lolly.“When Works Pass into the Public Domain” (Chart)

http://www.unc.edu/~unclng/public-d.htmhttp://www.unc.edu/~unclng/public-d.htm

Minow, Mary. “Library Digitization Projects and Copyright:”Minow, Mary. “Library Digitization Projects and Copyright:” http://www.llrx.com/features/digitization2.htmhttp://www.llrx.com/features/digitization2.htm

U.S. Copyright Law:U.S. Copyright Law: http://caselaw.lp.findlaw.com/casecode/uscodes/17/toc.htmlhttp://caselaw.lp.findlaw.com/casecode/uscodes/17/toc.html

U.S. Copyright Office: U.S. Copyright Office: http://www.loc.gov/copyright/http://www.loc.gov/copyright/ U.S.Copyright U.S.Copyright Office Records: Office Records: http://www.copyright.gov/records/http://www.copyright.gov/records/

U.S.Copyright Research$ervices:U.S.Copyright Research$ervices: http://www.thomson-thomson.comhttp://www.thomson-thomson.com