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Date: | Mon, 1 Aug 2005 07:33:55 EDT |
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http://www.unc.edu/~unclng/public-d.htm
Susan, the above is a link to a page that provides guidelines for
understanding copyright basics. More information on copyright can be gleaned from the
archives of the Archives & Archivists listserv. Be aware that novice archivists
don't understand many of the questions and answers, and in many cases the
answer is not clear-cut. My suggestion would be to examine the postings from
Peter Hirtle at Cornell's digital program. He stays on top of the issues and
follows them closely.
My understanding of your post is that this is a diary that has never been
published.
_If_ it is still under copyright, then copyright is the creator, unless
designated otherwise by the creator. So unless the writer of the diary specified
that the copyright (or perhaps "all other rights") were being given to the
museum when the deed of gift was drawn up, the copyright would still belong to the
author. Unfortunately, deeds of gift, where they existed in the early
twentieth century, tended to be somewhat casual and did not address these issues.
The diary may have passed into the public domain. To determine this you will
need the death date of the diary's author. If the author has been dead for
seventy years or more then the diary is now in the public domain. If it should
be in the public domain, the diary may be published by anyone, including the
museum. If it is public domain and the museum wants to protect its interests
it should be aware that the text of the diary may not be copyrighted. What
can be copyrighted are notes, forewards, introductions, epilogues, etc. added
by the museum.
There are a great many issues to be addressed here and I would encourage you
to please review Peter H's suggested links. The A&A archives may be found at
http://listserv.muohio.edu/archives/archives.html
Holly Wilhelm Mills
Central Virginia
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