Copyright Assignment Guidelines
- Annabel Pinkney (Unlicensed)
This document defines the ten rights statement assignments used at the Science History Institute and explains their usage.
PLEASE SEE COPYRIGHT FLOWCHART
To get access to the above flowchart, access: https://miro.com/welcomeonboard/dFZ0RGd0czFndUJXTnRJeERLZGk4ZDVFSDhQVmppa2k3SldqRXZUeHBmcXVvMEdiYzIyZWZBMGtFbGlvNzF5eXwzNDU4NzY0NTUwODMxMjgxNzQ0fDI=?share_link_id=649569366549
Last Updated: 7 December 2023
Annabel Pinkney, Digital Collections Librarian
SECTION I: UNLIMITED RE-USE (NO COPYRIGHT WORKS)
Works assigned any of the following statements are ingested into DPLA and Wikimedia Commons. Items in this category have no known restrictions and may be freely used and modified without permission. Attribution may be required depending on the specific rights statement applied to the item.
PUBLIC DOMAIN
Status Source: Creative Commons, https://creativecommons.org/publicdomain/mark/1.0/
Includes works that have been identified as being free of any known restrictions under copyright law. Apply this statement if any of the following applies:
OR
OR
AND, one of the following:
NO COPYRIGHT – UNITED STATES
Status source: http://RightsStatements.org
Includes works considered to be in the Public Domain in the United States but created in another country. At the Science History Institute, this statement should be applied to works created in member countries of the Berne Convention or the European Union so that we can generally deduce whether it is copyright-free in the country of origin. It is the user’s responsibility to research the copyright law of the country of origin to precisely determine whether their use is fair. Use Copyright Undetermined for works created in countries outside of these conventions (besides the United States).
To assign this category, the work must meet the following requirements:
AND, one of the following:
If the work was created in a country that is neither in the European Union nor a member of the Berne Convention, refer to the copyright laws specific to that country.
For unknown creators, see No Known Copyright.
For creators who died less than 50/70 years ago, see In Copyright – Unknown Rightsholders.
NO KNOWN COPYRIGHT
Status Source: https://rightsstatements.org/page/NKC/1.0/?language=en
Includes works whose copyright determination could not be fully verified but are very likely to be out of copyright protection.
For works created over 95 years ago, apply this statement if one of the following applies:
For works whose exact date is unknown, apply this statement if they were very likely created over 120 years ago.
This statement may also be applied when a work has a copyright notice, but no evidence of copyright renewal. After the copyright renewals database has been reviewed thoroughly, then the statement should be revised to Public Domain or In Copyright.
CC-BY
Status Source: https://creativecommons.org/licenses/by/4.0/
This status is an exception to the Unlimited Re-Use category, as these works are technically still in copyright. However, in these cases, copyright is held by the Science History Institute giving us the right to license the work for free use. This license allows for free use but requires an attribution back to the Institute.
To assign this category, the work must meet the following requirements:
OR
SECTION II: RE-USE, NO MODIFICATION
Items in this category may be used in their current form without permission if the user complies with stated conditions attached to the item. Works assigned any of the following statements are ingested into DPLA, but not Wikimedia Commons.
CC BY-NC-ND 4.0
Status Source: https://creativecommons.org/licenses/by-nc-nd/4.0/
This status is also applied to works for which copyright is totally or partially held by the Science History Institute and have been created in tandem with other parties. This license prohibits use for commercial purposes and the creation of derivative works.
This license is only applied to Oral History interviews to protect the personal interests and privacy of interviewees.
NO COPYRIGHT – OTHER KNOWN LEGAL RESTRICTIONS
Status Source: https://rightsstatements.org/page/NoC-OKLR/1.0/?language=en
Includes works without copyright restrictions, but other legal restrictions.
For example, this statement is used to describe the usage conditions of several photographs from the Records of the Lawrence Berkeley National Laboratory - Nuclear Division collection. These photographs are free of copyright, as they were created by a United States government entity, however the University of California, as the Department of Energy contractor of the LBNL, has asserted a continuing legal interest in the digital versions of the images. They have stipulated that anyone intending to use this digital image for commercial purposes, including textbooks, commercial materials, and periodicals, must obtain prior permission from the University of California-Lawrence Berkeley National Lab, through photo@lbl.gov
Items to which this statement is applied will not be ingested into DPLA or Wikimedia.
IN COPYRIGHT – EDUCATIONAL USE PERMITTED
Status Source: https://rightsstatements.org/page/InC-EDU/1.0/?language=en
Includes works protected by copyright and/or related rights for which no permission is required from the rights-holder(s) for educational uses. i.e., noncommercial, educational uses limited to teaching, scholarship, and research.
For example, this statement is used to describe the usage conditions of United States stamps created after 1 January 1978 (the date on which the Copyright Act of 1976 went into effect). These stamps are Copyrighted by the United States Postal Service; however, no prior permission is required for educational purposes as defined above.
SECTION III: UNSPECIFIED
Includes works for which there is no possible way of determining copyright status, i.e., items without an associated standardized rights statement or license. Items in this category may be used under fair use. Works assigned any of the following statements are ingested into DPLA, but not Wikimedia Commons.
COPYRIGHT UNDETERMINED
Includes works for which there is no possible way of determining copyright status.
This rights status is applied to works for which there is no known way to determine an accurate copyright statement. It is the user’s responsibility to determine whether their use of the work falls under fair use.
Typically, this statement is applied to works created between 95 years ago and 1987 for which the publication status is unknown. Without knowledge of the publication status, it is impossible to know if formalities were required/fulfilled, or if the death date of the creator would impact the copyright status.
SECTION IV: COPYRIGHTED WORKS
Items in this category are in copyright with no restrictions waived (“all rights reserved”). Items may be used by seeking permission from the rights-holder or under fair use (see the ‘More Information’ section for details). Works assigned any of the following statements are ingested into DPLA, but not Wikimedia Commons.
IN COPYRIGHT – RIGHTSHOLDERS UNKNOWN
Status Source: https://rightsstatements.org/page/InC-RUU/1.0/?language=en
Used when an item falls within Copyright protection, but the legal owner of the copyrights is unknown or unidentifiable.
IN COPYRIGHT
Status Source: https://rightsstatements.org/page/InC/1.0/?language=en
Includes items protected by copyright and/or related rights. To assign this category, the work must meet the following requirements:
RESOURCES:
CORNELL GUIDELINES ON THE PUBLIC DOMAIN: LibGuides: Copyright Services: Copyright Term and the Public Domain
SCIENCE HISTORY INSTITUTE COPYRIGHT FLOWCHART: COPYRIGHT FLOWCHART
To get access to the above flowchart, access: https://miro.com/welcomeonboard/dFZ0RGd0czFndUJXTnRJeERLZGk4ZDVFSDhQVmppa2k3SldqRXZUeHBmcXVvMEdiYzIyZWZBMGtFbGlvNzF5eXwzNDU4NzY0NTUwODMxMjgxNzQ0fDI=?share_link_id=649569366549
SCIENCE HISTORY INSTITUTE COPYRIGHT STATEMENTS BY COLLECTION: Updating Copyright
EUROPEAN UNION COPYRIGHT LAW:
BERNE CONVENTION COPYRIGHT LAW: