Just some
thoughts before we undo any of the work already completed by Cataloging and
Metadata…
My
understanding is that copyright with newspapers in general is a bit muddy. (The
publisher would need to have published a copyright notice in the paper in which
the article appeared and /or depending on the year of publication have applied
for copyright within 5 years of the article’s publication. That is very
simplified overview.) At HMRC we allow customers to copy/scan the
contents of vertical files, including clippings, with the thought that these
would be covered under “fair use”. We are a non-commercial institute using
these items without profit and for research purposes. The newspaper in its
entirety is a copyrighted material and I would think that use this small
portion would not be an infringement of copyright. If we are concerned about
potential legal issues, I think a disclaimer would suffice indicating that we
do not claim and do not own copyright for this item and it is intended for
research purposes only. Here are a few examples of such disclaimers:
“This
site contains copyrighted material the use of which has not always been
specifically authorized by the copyright owner. We are making such material
available in our efforts to advance understanding of issues of ecological and
humanitarian significance. We believe this constitutes a 'fair use' of any such
copyrighted material as provided for in section 107 of the US Copyright Law. In
accordance with Title 17 U.S.C. Section 107, the material on this site is
distributed without profit to those who have expressed a prior interest in
receiving the included information for research and educational purposes. For
more information go to: http://www.law.cornell.edu/uscode/17/107.shtml.
If you wish to use copyrighted material from this site for purposes of your own
that go beyond 'fair use', you must obtain permission from the copyright
owner.”
“Many
of the stories on this site contain copyrighted material whose use has not been
specifically authorized by the copyright owner. We are making this material
available in its efforts to advance the understanding of environmental issues
and sustainability, human rights, economic and political democracy, and issues
of social justice. We believe this constitutes a 'fair use' of the copyrighted
material as provided for in Section 107 of the US Copyright Law. If you wish to
use such copyrighted material for purposes of your own that go beyond 'fair
use'...you must obtain permission from the copyright owner.”
“Due
to the social nature of this site, it may contain copyrighted material the use
of which has not always been specifically authorized by the copyright owner. We
believe this constitutes a ‘fair use’ of any such copyrighted material as
provided for in section 107 of the US Copyright Law. In accordance with Title
17 U.S.C. Section 107, the material on this site is distributed without profit,
to those who have expressed a prior interest in participating in a community of
individuals interested in our methodologies, for comment and nonprofit
educational purposes. For more information go to: http://www.copyright.gov/title17/92chap1.html#107.
If you, as a member of the community, wish to use copyrighted material from
this site for purposes of your own that go beyond ‘fair use’, you must obtain
permission from the copyright owner.”
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