How does the copyright law affect research?
Copyright Law and Publication
The United States Copyright Law (PL. 94-553) extends statutory rights of authorship to unpublished works,which were previously protected by literary property rights under common law. Such works do not have to be registered with the Copyright Office to receive protection under the law. In general, the law provides copyright protection for the term of the life of the author plus fifty years. Unpublished and uncopyrighted works created before January 1, 1978, are covered as of that date by this same provision and are protected until at least December 31, 2002.
The Copyright Law provides for "fair use" of copyrighted material without the permission of the copyright holder. Fair use encompasses scholarship and research, although the extent of such use is bounded by limitations on quotation and reproduction. The Library's staff cannot interpret for researchers the limits of "fair use"; if a researcher has any doubt that his or her intended use of historical materials is consonant with current legal interpretations of fair use, he or she should contact an attorney specializing in copyright law.
Although a large portion of the historical materials listed in this catalog has been donated to the National Archives, please bear in mind that conveyance of such materials as physical property does not automatically carry with it assignment of copyright. Ordinarily, instruments of gift conveying title to the National Archives contain a clause specifying either that copyright in the literary or artistic property of the collection's creator has been retained by the creator or the creator's literary heirs, or that it has been assigned to the people of the United States, thus placing such material in the so-called "public domain."
It is important to bear in mind that a collection of historical materials may contain the literary or artistic property of persons other than the collection's creator. Consequently, clauses of instruments of gift governing copyright apply only to the literary and artistic property of the individual around whom the collection was created.
John Doe, or his heirs, may own copyright in John Doe's writings found within the Papers of John R. Doe, but copyright in incoming correspondence from Andrew Smith found within the John Doe Papers would be controlled by Andrew Smith or his literary heirs unless such copyright has been assigned to the public domain. The Library will in some cases be able to provide information about the copyright status of such "other party" literary or artistic property, but in many instances researchers will have to investigate such matters independently.
Researchers should note that, in as much as the Library owns no copyright in the historical materials it possesses, the Library has no authority to grant permission to publish copyrighted materials by signing releases or other such documents. The Library's role in such matters is to identify, when such information is available, the owners of copyright in order that researchers who wish to publish copyrighted materials may seek permission to do so.
Under certain circumstances, the copy right law allows “fair use” of copyrighted materials without the permission of the copyright holder. Fair use encompasses scholarship and research, although the extent of such use is bounded by limitations.
Researchers with specific questions about the copyright law should obtain legal advice. Please note that federal employees are not authorized to provide guidance with regard to copyright laws.
The copyright law does not apply to material in the public domain or material produced by government employees in the course of their official duties.
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