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Re: Need a Little Help
No one has talked about what text you want to have on your notice.
The amount of text may influence the approach you follow.
I think you are right on target to ask for text that meets copyright and
property concerns. If you are making your copies under the
provisions of Section 108 of the Copyright Act, then your copies must
follow the requirements of that Act. It requires that:
>the reproduction or distribution of the work includes a notice of
copyright
>that appears on the copy or phonorecord that is reproduced under the
>provisions of this section, or includes a legend stating that the
work may
>be protected by copyright if no such notice can be found on the copy
or
>phonorecord that is reproduced under the provisions of this
section.
Since most archival material does not contain a copyright notice, in most
cases you will need to have a legend on the copy stating that the work
may be protected by copyright (but note that if your item does contain a
copyright notice, you will need to copy, that, too).
The Copyright Management Center at IUPUI has developed two recommended
forms of the notice to be used when a notice of copyright is not present
on the item (see
<http://www.iupui.edu/~copyinfo/copying.html>).
The first states:
>"The work from which this copy was made did not include a formal
copyright
>notice. This work may be protected under U.S. Copyright Law (Title
17, U.S.
>Code), which governs reproduction, distribution, public display, and
certain
>other us es of protected works. Uses may be allowed with permission
from the
>rightsholder, or if the copyright on the work has expired, or if the
use is
>"fair use" or within another exemption. The user of this
work is responsible
>for determining lawful uses."
This suggested form of notice includes more information than the law
actually requires, but they feel it is helpful (if wordy). They
add:
>If your objective is only to comply with the law, consider using this
>statement: "This material may be protected by
copyright."
As for the property side (or to make it easier for a patron to track the
source of the copy), they suggest including a statement such as:
"IUPUI University Library, Special Collections and Archives (317)
274-0464."
When I was at the National Library of Medicine, we had our statement as a
template in a word processing package. We would pull up the
template and add in the designated spot the name and collection number
for the collection. For example, the completed notice might
read:
- From the Bobs Tusa Collection, MSS0001, History of Medicine Division,
National Library of Medicine, Bethesda, MD. WARNING: This material
may be protected under U.S. Copyright Law (Title 17, U.S. Code).
We found it very helpful when trying to answer patron requests to
know from where a mysterious copy came. I know some repositories
will also add box and folder number to the identification, but that was
too hard for us. The legend was then taped to the edge of the
copier platen.
---------------------------------------------------------------
Peter B. Hirtle
Co-Director
pbh6@cornell.edu
Cornell Institute for Digital Collections
607/255-4033 (ph)
2B Kroch
Library
607/255-9524 (fax)
Ithaca, NY 14853
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