The Dr. McCleery Lobo Wolves Digital Archive uses due diligence to determine the copyright status of each item represented in this collection. The copyright status of each work (as best as I can determine) is described in its record. I search for materials in the Copyright Record Catalog in my attempts to determine an item's copyright status. Additional resources include:
When an item is believed to be in the public domain, the full work is displayed.
When an item is believed to be in-copyright, the item is indexed with instructions on how to obtain a copy whenever possible. Copyright clearence is sought from the copyright holder but the full or partial work is not displayed until or unless permission is granted from the copyright holder.
When the copyright status of an item is unknown, best judgement is used to determine if including the full or partial work in this archive constitutes fair use.
The following guidelines describe works which are generally in the public domain (meaning copyright has expired), and are thus legally allowed to be posted in full on this website:
- All works published in the United States before 1923
- All works published with a copyright notice from 1923 through 1963 without copyright renewal (see "Copyright Renewal" section below)
- All works published without a copyright notice from 1923 through 1977
- All works published without a copyright notice from 1978 through March 1, 1989, and without subsequent registration within 5 years
- All unpublished works by authors who died before 1943 (as of 2013)
- Works of the United States Government prepared by an officer or employee of the United States Government as part of that person's official duties
(Part of the list above was copied under Creative Commons guidelines from the Electronic Frontier Foundation's Teaching Copyright page "Public Domain FAQ.")
For works properly copyrighted before 1978, copyright lasted for an initial term of 28 years. During the 28th year, copyright protection could be renewed. If copyright was renewed, the renewal added an additional 67 years of protection for a total of 95 years (the renewal period was initially a second 28-year term, later extended to a 47-year term, and later extended to the current 67-year term). Works copyrighted between January 1, 1964 and December 31, 1977 were automatically renewed for a second copyright term, so copyright for works 1964 and onward lasts for 95 years, and copyright for works published between 1923 and 1963 may last for either 28 or 95 years depending on whether or not copyright was renewed.
The majority of copyrighted works were not renewed. The eighth footnote in Hirtle's "Copyright Term and the Public Domain in the United States" (2013) cites a 1960 study which found that fewer than 15% of registered copyrights were renewed, and of books, fewer than 7%.
Copyright renewal records for books can be found in Stanford's Copyright Renewal Database.
Section 107 of United States copyright law describes four factors to be considered to determine if the use of a copyrighted work is fair:
- The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
- The nature of the copyrighted work
- The amount and substantiality of the portion used in relation to the copyrighted work as a whole
- The effect of the use upon the potential market for, or value of, the copyrighted work
Individual Copyright Statements for In-Copyright Items
The Dr. McCleery Lobo Wolves Digital Archive makes works available purely for nonprofit educational (noncommerical) purposes. I do my best to avoid copyright infringement. If you are a copyright holder of an item in this collection, please contact me; I am eager to hear from you to obtain accurate information regarding your work's copyright status. I greatly appreciate permission granted to fully or partially display items in this collection, and I will comply with requests from copyright holders to remove in-copyright works.
My Sources for Copyright Information
Electronic Frontier Foundation (n.d.). Teaching Copyright. Retrieved September 8, 2013, from http://www.teachingcopyright.org/
Hirtle, P. B. (2013). Copyright Term and the Public Domain in the United States. Retrieved September 9, 2013, from http://copyright.cornell.edu/resources/publicdomain.cfm
Hirtle, P. B., Hudson, E., & Kenyon, A. T. (2009). Copyright & Cultural Institutions: Guidelines for digitization for U.S. libraries, archives, & museums. Retrieved from http://hdl.handle.net/1813/14142
Hirtle, P. B. (2012). When Is 1923 Going to Arrive and Other Complications of the U.S. Public Domain. Information Today, Inc. Retrieved September 10, 2013, from http://www.infotoday.com/searcher/sep12/Hirtle--When-Is-1923-Going-to-Arrive-and-Other-Complications-of-the-U.S.-Public-Domain.shtml
OCLC (2010). Well-intentioned practice for putting digitized collections of unpublished materials online. Retrieved September 9, 2013, from http://www.oclc.org/content/dam/research/activities/rights/practice.pdf
U.S. Copyright Office (2013). Copyright: United States Copyright Office. Retrieved September 8, 2013, from http://copyright.gov/
U.S. Copyright Office (2006). Renewal of Copyright. Retrieved November 23, 2013, from http://www.copyright.gov/circs/circ15.pdf
U.S. Copyright Office (2011). Duration of Copyright. Retrieved November 23, 2013, from http://www.copyright.gov/circs/circ15a.pdf