Good points Pam,
Seems that the consensus is that such a document should be registered.
One point of clarification though...Failing to put a written "in part or
whole" statement on the document in no way implies that the document is
free to be copied as long as the institution is credited. A good idea, but
not necessary. If that misperception is circulating in registrar/director
land(or any other land), then it should die the urban myth death it
deserves immediately. A copyrighted document is fully and completely
copyrighted, as long as the notice accompanying it meets the basic
criteria(copyright, date, name). There are no partial or weak copyrights
that do not require permissions.
Such a use of the map would be a direct violation of the institution's
copyright, unless the user has written permission. The document itself does
not need to say so. It is the "in part" thing that gets most people in
trouble, since there is no stated standard for what percentage of a work
can be reproduced before violation occurs. Fair use is a case-by-case
situation.
That is the point of keeping all documentation on the creation,
publication, and copying of the map. That will serve as your proof if
someone ever violates said copyright directly or through derivative works.
Even these dated e-mails in the museum-l archives, or printed out, might
help serve that purpose, if it ever arose. Registering the document makes
keeping all that documentation moot.
Mark Janzen
Registrar/Collections Manager
Edwin A. Ulrich Museum of Art
Martin H. Bush Outdoor Sculpture Collection
Wichita State University
(316)978-5850
Pamela Silvestri
<PodunkLander@AOL
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SE.LSOFT.COM> Subject
Re: Basic Copyright Question
11/15/2005 07:50
PM
Please respond to
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SE.LSOFT.COM>
Along with the information already posted for this question, regarding
registering the copyright with the Library of Congress...I highly recommend
this also, which would require the fees and a deposit of a copy of the map.
If your museum does not, and someone else creates a similar map, or
recreates your museum's and submits a registration on their own (and maybe
claim that they produced theirs before yours and independently of yours)
then they would own the copyright. If they earned a profit by
selling/reproducing the map in any way, shape or form the burden of proof
of ownership would be to the museum to prove otherwise.
However, you should include, with the copyright information printed on this
map -anything similar to the effect that, 'Any use and/or reproduction of
this map in part or whole including original data contained within, must be
requested in writing and approved by this museum/organization'.
If you do not add any statement such as this, than it is implied that the
map can be reproduced as long as it is properly credited to the museum.
If the map your staff created is in any way extracted from any existing
maps and data, then what you may have is a 'rendition' or a 'version' and
not an original - but you can still register a copyright for it as such.
Since the map was created by staff for the museum, it is considered 'work
for hire' and therefore the museum owns all rights to the map. The creators
of the map relinquish their right to profit and reproduce the map for
personal gain without permission from the museum.
Pam
In a message dated 11/15/2005 3:50:17 P.M. Eastern Standard Time,
[log in to unmask] writes:
Hello,
There is a map which is part of an exhibit. It was created by the museum
staff. We wish to reproduce the map for community outreach purposes but
before we do, we'd like to copyright the map. Does just adding at the
bottom @ ( or copyright sign) +2005+name of museum suffice?
Susan
Pamela Silvestri, Museum Assistant
Northeast States Civilian Conservation Corps Museum
Shenipsit State Forest
166 Chestnut Hill Road
Stafford Springs, Connecticut 06076
Telephone: (860) 684-3430
e-mail: [log in to unmask]
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