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Re: Copyright on Older Materials



If an archive owns an item it can regulate access to that item.  Copyright
doesn't necessarily enter into the picture at all.   If I have a copy of a
book that is no longer in copyright, I can still put it in a drawer and
refuse to let you see it unless you pay me, even if the content is in the
public domain.

With respect to copyright periods, I suggest you might look at
<http://www.copyright.gov/circs/circ01.pdf>.  Hope this helps.

Nick Finke

************************************************************************
Nicholas D. Finke                    Ph:513-412-6949
Digital Collections Librarian      Fx:513-241-7131
National Underground Railroad Freedom Center
312 Elm St., Suite 1250
Cincinnati, OH 45202
E-mail: nfinke@nurfc.org
Web: http://www.undergroundrailroad.org



                      "E. Naeher"
                      <enaeher@YIFAN.NET>        To:       ARCHIVES@LISTSERV.MUOHIO.EDU
                      Sent by: Archives &        cc:
                      Archivists                 Subject:  Copyright on Older Materials
                      <ARCHIVES@LISTSERV.
                      MUOHIO.EDU>


                      08/21/2002 04:02 PM
                      Please respond to
                      "E. Naeher"






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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