Most archives I've encountered, including ours,
have policies requiring permission and/or fees for publication of any of
their material (photos, paintings, etc.), regardless of the date of origin
of the material.
However, what I've read of the applicable copyright
law seems to state that materials published prior to 1964 are copyright for 28
years with a maximum total copyright, if renewed, of 95 years (past date of
copyright or publication). What is the legal basis for a library's
charging for rights to materials older than 95 years? I can see the
legality of stating: "In order to get access to or a copy of this physical item,
you must agree not to publish its intellectual content without our
permission." But this is rarely if ever stated beforehand. Am I
missing something obvious?
Thanks,
--Eli Naeher
Lower Cape Fear Historical
Society
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