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పంక్తి 66:
Under U.S. law, laws themselves and legal rulings also form a special class. All current or formerly binding laws, codes, and regulations produced by government at any level, including other countries’ governments, and the court opinions of any court case are in the public domain. [http://www.baconsrebellion.com/Issues04/08-09/Dale.htm] This applies even to the laws enacted in states and municipalities that ordinarily claim copyright over their work. The US Copyright Office has interpreted this as applying to all “edicts of government” both domestic and foreign.<ref name="compendium206_01">The Compendium of Copyright Office Practices (Compendium II) section 206.01 [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp states], "Edicts of government, such as judicial opinions, administrative rulings, legislative enactments, public ordinances, and similar official legal documents are not copyrightable for reasons of public policy. This applies to such works whether they are Federal, State, or local as well as to those of foreign governments." and 206.03 [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp clarifies] "Works (other than edicts of government) prepared by officers or employees of any government (except the U.S. Government) including State, local, or foreign governments, are subject to registration if they are otherwise copyrightable."</ref>
The [[United States Copyright Office]], in section 206.02(b), 206.02(c), and 206.02(d) of the [[Compendium II: Copyright Office Practices]], has stated its position that works of the [[U.S. Postal Service]], of the government of the [[District of Columbia]], and of the government of [[Puerto Rico]] are ''not'' "works of the U.S. government" and thus ''are'' subject to copyright.<ref>See 206.02(b), 206.02(c), and 206.02(d) of the [http://ipmall.info/hosted_resources/CopyrightCompendium/chapter_0200.asp Compendium of Copyright Office Practices] of the U.S. Copyright Office</ref> Works of the [[United States Post Office Department]] before the formation of the U.S. Postal Service are still considered government works and are in the public domain.{{fact}}
Most other countries’ governments do hold copyrights, and their works are copyright protected. At the same time, many countries declare their edicts, as well as those of other countries, such as laws and court decisions, to be exempt from copyright. Such exemptions are typically narrowly defined and ''cannot'' be construed to mean “any publication by a government office”.
పంక్తి 239:
**From March 1, 1989 to 2002: If created after 1977, a published work is copyrighted till 70 years after its author's death. For corporate or anonymous works, protection lasts for 95 years after publication or 120 years after creation, whichever expires first. If the work was created before 1978, another term (copyrighted until 31 December 2047) is considered. In this case, the greater term is taken (i.e. if the other terms expires before 31 December 2047, the copyright lasts till 31 December 2047). See [http://www.copyright.gov/circs/circ01.pdf Circular 1], "Works Originally Created Before January 1, 1978, But Not Published or Registered by That Date".
Even if a work was published in the U.S. between 1923 and 1977 without a copyright notice, there would need to be proof to that effect. The proof must contain a valid resource justifying the claim in order for the U.S. copyright office to accept it.
For works not published in the U.S. but published first in some other country, see "[[#Country-specific rules|country-specific rules]]" above.
పంక్తి 257:
Why is this important at all for Wikipedians? How could you come across an unpublished work?
Actually, that can happen easily with photographs in archives. Remember that "publication" requires the consent of the rights holder (initially the photographer). Many historic photos may thus actually be unpublished works, unless it can be shown that they ''were'' published in olden times. Especially items like private letters or family photographs, or photos found in some album, may well be unpublished. There are special exemptions in copyright law for libraries and archives that allow them to reproduce (even for the general public) such works for non-commercial uses, but that does not constitute "publication" unless done with the authorization of the rights holder.
The University of Wyoming's American Heritage Center has a [http://www.uwyo.edu/ahc/_files/brochures/copyright.pdf three-page primer] on the issues involved with unpublished works. Archives often do not hold the copyright to the items in their holdings. An archive only owns the copyright in a work if the copyright itself (not just the physical document embodying the work) has been transferred to the archive in a signed writing. In practice, many archive holdings may be so-called [[orphaned work]]s, i.e. works where the current copyright holder, if any, is unknown. For such orphaned works, the U.S. Copyright Office seems to [http://www.copyright.gov/orphan/ push for a change] in U.S. Copyright law (see [http://archiv.twoday.net/stories/1501083/] for a brief summary) and a bill (HR 5439) for the [http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.5439: Orphan Works Act of 2006] has been introduced in the [[United States House of Representatives]] on [[May 22]], [[2006]], but ''no law has been passed yet.''
Unpublished works are subject to copyright, too. To determine the copyright status of works published by archives that were not published elsewhere before, one will need to consider the rules for unpublished works. Until the [[Copyright Act of 1976|U.S. Copyright Act of 1976]] became effective on [[January 1]], [[1978]], U.S. federal law only covered published works and unpublished works that were registered at the Copyright Office. Unpublished unregistered works were covered by state law. This "[[common law copyright]]" in most states granted unpublished works a ''perpetual'' copyright, valid until an eventual publication of the work.<ref name="oakley">Oakley, R. L.: ''[http://www.clir.org/PUBS/reports/oakley/scheme-a.html Copyright and Preservation – Is the Work Protected?]'', CLIR, 1990. (A good explanation, but note that some dates mentioned there have been superseded by the copyright term extension of the CTEA in 1998.) URL last accessed [[2007-02-16]].</ref><ref name="lii">N.N.: ''[http://www.law.cornell.edu/uscode/17/usc_sec_17_00000301----000-notes.html Historical and Revision Notes]'' on 17 USC 301. Legal Information Institute, Cornell University. URL last accessed [[2007-02-16]].</ref> Since 1978, U.S. federal law also covers unpublished works (and preempts state law, see [[:s:United States Code/Title 17/Chapter 3/Section 301|17 USC 301]]). This gives the following situation in the U.S.:
పంక్తి 270:
=== Artworks ===
:'''In short: Artworks are likely to remain unpublished long after their creation date. A date of publication must be ascertained to establish PD status.'''
Another important class of possible unpublished works are ''artworks'', in particular ''paintings''. Because an artwork is ''not'' published by being exhibited, and also neither by being created or sold, one needs to know when reproductions of the artwork (photos, postcards, lithographs, casts of statues, and so on) were first published. That constitutes publication of the artwork, and from then on, the work is subject to all the rules for published works.
For most artworks, a year is usually given, but this is normally the year the work was made, ''not'' the year it was published. Figuring out whether and if so when a particular painting was published can be difficult.
In the case that an artwork created before 1978 is not published until 2003 or later, it comes into the public domain 70 years after the author's death. However, if it is first published between 1978 and 2002 (inclusive), it will still be copyrighted in the U.S. until the end of 2047.
పంక్తి 428:
However, with the 1993 EU [[Directive on harmonising the term of copyright protection]], which became effective in Germany on [[July 1]], [[1995]] and is implemented in German law in [http://bundesrecht.juris.de/urhg/__137f.html §137f], these works suddenly became copyright protected ''again'', until 70 years p.m.a! This was caused by Spain's longer copyright term of 80 years ''p.m.a.'' (see [[Directive on harmonising the term of copyright protection#Copyright restoration|section on copyright restoration]]) with <ref name="Spain">See the [http://www.derecho-internet.org/node/365 1879 copyright law of Spain]: the 80-year term remained valid even in the [http://www.wipo.int/clea/docs_new/es/es/es015es.html 1987 copyright law] (transitional provisions, article 1(2)) and in the [http://www.wipo.int/clea/docs_new/en/es/es070en.html 1996 copyright law], which implemented that EU directive (transitional provisions, fourth article).</ref> This suddenly superseded Germany's old "25 years"-rule that had governed World War II images. As a result, an image published in 1943 that had been in the public domain in Germany since 1968 became copyrighted again in 1995 with the EU term of 70y p.m.a.<ref name="olg_hh">[[:s:de:Oberlandesgericht Hamburg - U-Boot Foto 1941|Oberlandesgericht Hamburg, decision 5 U 159/03, March 3, 2004]]: The copyright on a German photograph of a surfacing submarine, taken in 1941 and published in 1943, had expired in Germany at the end of 1968. However, the image was re-copyrighted by [http://bundesrecht.juris.de/urhg/__137f.html §137f] implementing the [[Directive 93/98/EEC|EU directive 93/98/EEC]] because it was still copyrighted in Spain on July 1, 1995.</ref>
As a result, such images were copyright protected on [[January 1]], [[1996]]<ref name="uraa_wwii">See the section explaining the [[#Country-specific rules|URAA]] above.</ref> (which is the critical date as far as U.S. copyright law is concerned), and therefore, they ''are copyrighted even in the U.S.''
The situation of German World War II photographs found in U.S. governmental archives is controversial. They might fall (in the US only) under [http://www.law.cornell.edu/uscode/17/usc_sec_17_00000104---A000-.html#a_2 17 U.S.C. 104A(a)(2)], which exempts from the URAA copyright restorations works on which the copyright was seized and administered by the U.S. Office of the [[Alien Property Custodian]] and on which a restored copyright would be held by a foreign government.<ref name="fr_63_74">United States: ''[http://www.copyright.gov/fedreg/1998/63fr19287.pdf Federal Register Vol. 63, No. 74 / Friday, April 17, 1998]'', pp. 19289–19290. URL last accessed [[2007-04-16]].</ref> It is unclear to what works exactly this provision would apply,<ref name="fr_63_74"/> as it can be argued that copyright of hardly any of the WWII works at all were owned by the German government and the Nazi party, but by private people and organizations. Most of these seized copyrights were returned to their foreign owners in 1962 by public law Pub. L. No. 87–846,<ref name="fr_63_74"/><ref name="patry_twte">Patry, W.: ''[http://digital-law-online.info/patry/patry7.html Copyright Law and Practice]'', Chapter 1, part 7: "Trading With the Enemy Act". Bna Books, ISBN 0871798549. URL last accessed [[2007-04-16]].</ref> but on motion pictures, the U.S. retained the right "to reproduce, for its own use, or exhibit any divested copyrighted motion picture films."<ref name="fr_63_74"/> There is also the ''Price vs. United States'' ([[Case citation|69 F.3d 46]]) ruling that at least places serious constraints on the practical enforceability of copyrights on such works in the U.S.<ref>{{cite journal | author = David Culbert | title = The Heinrich Hoffmann Photo Archive: Price vs United States (United States Court of Appeals, Fifth Circuit, 20 November, 1995) | journal = Historical Journal of Film, Radio and Television | volume = 17 | issue = 2 | year = 1997 | url=http://web.archive.org/web/20071211052130/http://findarticles.com/p/articles/mi_m2584/is_n2_v17/ai_20032587}} See also [http://web.archive.org/web/20020602021048/http://www.dcd.uscourts.gov/98-857.pdf Civil Action 98-857] before the U.S. District Court for the District of Columbia, Judge Henry H. Kennedy. Ultimately, the U.S. Supreme Court denied the Hoffmann heirs review of the lower courts' decision in their disfavor. (See the [http://www.usdoj.gov/osg/briefs/2001/0responses/2001-1111.resp.html opinion of the U.S. Solicitor General] and the [{{SCOTUS URL|orders/journal/jnl04.pdf}} Journal of the U.S. Supreme Court, October 2004, p. 298].) URLs last accessed [[2007-04-16]].</ref> The [[United States Holocaust Memorial Museum]] even tags some such images as "© USHMM". It is also unclear what the U.S. position on "official" images of the Nazi regime is. It should be noted that even the [http://www.archives.gov/research/holocaust/art/key-series-descriptions/key-series-descriptions-15.html NARA acknowledges the presence of copyrights] from the war era on some of its holdings remaining with the institutions and individuals who own the artwork, as oppose to their Nazi plunderers.
పంక్తి 440:
=== Canadian images: [[Yousuf Karsh]] ===
:'''In short: Pre-1949 Karsh images are in the public domain ''only'' in Canada. Later Karsh images are copyrighted anyway anywhere.'''
Many photographs by [[Yousuf Karsh]] ([[1908]] – [[2002]]) can be found at the web site of the [[Library and Archives Canada]] (LAC), who state that the copyright was expired and there were no restrictions on the use and reproduction of these images. In fact, many such images have been uploaded to Wikipedia by several users and tagged as "public domain" based on these claims by the LAC. However, ''this applies only in Canada''. The history of each and every of these images must be closely examined to determine whether they just might be in the public domain elsewhere. As it turns out, this is not the case for most of them. Some examples:
పంక్తి 489:
*[http://collections.stanford.edu/copyrightrenewals/ Searchable database] of the digitized copyright renewal records for books.
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