Presentation on theme: "Copyright and Digital Cultural Heritage"— Presentation transcript:
1 Copyright and Digital Cultural Heritage Kathryn MichaelisFebruary 3, 2015
2 What is copyright?“The basis for copyright in the United States is found in Article I, Section 8 of the U.S. Constitution, which authorizes Congress to enact laws ‘To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’”Hirtle, Peter, Emily Hudson, and Andrew T. Kenyon. Copyright & Cultural Institutions: Guidelines for Digitization for U.S. Libraries, Archives, & Museums
3 Who owns copyright to a work? The work’s creator(s)The descendants of deceased creators (if copyright still applies)The repository where the materials are held, in some cases
4 What can be copyrighted? Original works of authorship fixed in a tangible form, whether published or unpublishedExamples: published books, recorded music, letters, motion pictures, photographsCopyright is automatic, even in unpublished materials--do not need copyright symbol, though that might affect the copyright term.
5 What can’t be copyrighted? Ideas, facts, names, titles, extemporaneous expressions, works in the public domainExamples: an idea for a novel or a script, a song you make up but don’t record or write down, the pseudonym “George Orwell”
6 Public domain (United States) Works published before 1923Unpublished works: author’s life plus 70 years (Anonymous works or death date unknown: 120 years from creation)Most works produced by U.S. federal government agencies (but not state/local governments)Works published without copyright notice, or with notice but without renewal, during certain time periods
18 Good faith effort matters! Very rare for libraries/archives to be legally challenged over digitizing copyrighted archival materialTake-down statementsDocument, document, document
19 Elements of a license agreement Licensor/copyright holder's nameLicensee's nameDescription of material being licensedDescription of uses permitted by licenseeDescription of rights retained by the licensor
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