Message-Id: <mailto:199410041543.KAA23582@library.wustl.edu> Date: Tue, 4 Oct 1994 10:38:58 CST From: Susan Grupe x???? <mailto:ALISG@AUGUSTANA.EDU> Subject: copyright To: Multiple recipients of list IMAGELIB <mailto:IMAGELIB@ARIZVM1.BITNET>
I'm the one who originally posed the copyright question. I've done some research, and here's what I understand so far (in addition to what has been posted by others to the list).According to the "Copyright Handbook," (J.S. Heller, S.K. Wiant, American Association of Law Libraries, 1984), regarding notice of copyright under the Copyright Act of 1976, "Under the old Act [Copyright Act passed in 1909], omission of the notice caused the work to pass into the public domain; this is no longer the case. For librarians, it is critical to remember that an omitted notice no longer necessarily invalidates the copyright. Omission of the notice, however, means that an innocent infringer incurs no liability for either actual or statutory damages" (8).
Section 401b of the 1976 Copyright Act states the requirements for proof of copyright: 1) Copyright symbol (letter "c" enclosed in a circle), word "copyright, or the abbreviation "copyr." 2) year of first publishing, or when completed, if unpublished [NOTE: According to Latman's "The Copyright Law," (6th ed., Bureau of National Affairs, Inc., 1986) "The year date may be omitted 'where a pictorial, graphic, or sculptural work, with accompanying text matter, if any, is reproduced in or on greeting cards, postcards, stationary, jewelry, dolls, toys, or any useful article'" (163).] 3) name of the owner of copyright, abbreviation, or generally known alternative designation of owner
I understand the previous passage to mean that in terms of material printed after 1976 (or January 1, 1978, as George Gordon Coughlin Jr. cites in "Your Handbook of Everyday Law," 5th ed. Harper Perennial, 1993), the material must by marked "copyright" in some form in order for a copyright infringement to be claimed.
The following is what I have found on copyright expiration:
According to Coughlin, "The old law protected the owner of a copyright for twenty-eight years from the date of first publication and may be renewed for a second period up to forty-seven years" (334).
In addition, R.S. Talab, author of "Commonsense Copyright: A Guide to the New Technologies," (McFarland, 1986) writes, "Works by known authors copyrighted prior to 1907 will have the first term of 28 years expired and any possible renewal period of extension expired, as well. Works copyrighted from 1907 to 1935 will have copyright terms of 75 years [the original 28 years plus a possible renewal of 47 years]. These works began falling into the public domain in 1982. For example, a work written and copyrighted on January 15, 1926 will go into the public domain on January 16, 2001 (26 + 75). Works published after 1935 are subject to the new copyright term of the life of the author plus 50 years" (26).
Following this interpretation, anything printed before 1919 is now in the public domain. Most of the postcards I am using fall into this category, or were unmarked. However, when a phone number or address is available for the more recent, yet unmarked cards, we are attempting to contact the artist/publisher. Many times the publisher has gone out of business and this information is unobtainable. I have done some, but minimal research into "fair use" and "teachable moment," since the images will be be used by many once the project is completed.
More copyright information is available from the following address:
Information and Publications Section LM-455 Copyright Office Library of Congress Washington DC 20559
Send requests for information on specific topics, and they also offer a free periodic mailing list. I am writing to see whether or not any new statutes have been passed regarding copyrighted information and the Internet. I'll pass on anything I find out.
Susan Grupe Augustana College Library Rock Island, IL mailto:alisg@augustana.edu