Dave--
Fair Use is tricky; I wouldn't advise anyone to assume they can rely on it.
It's always best to ask the copyright holder for permission. Also, it is
not the facts and information that would be digitized, but the layout and
content of the newspaper, which are definitely subject to copyright.

Elizabeth Simon
Manager, Publications
CSWE

On Wed, May 11, 2016 at 4:11 PM, topladave . <[log in to unmask]> wrote:

> Lynn,
>
> The copyright may be held in the name of the paper if it was incorporated,
> or the paper's owner. You would then have to track down the heirs.
>
> I teach an online course on "Copyright and Intellectual Property 101 for
> Museums". So while I am not a lawyer, I have been involved in copyright and
> IP issues for many years.
>
> My question is why the digitization is not consider Fair Use. If the
> digitization is used like microfilm was in the past, to make historical
> information accessible to the public, for educational and not commercial
> purposes, then you stand well on one of the Fair Use guidelines. Also,
> facts and information cannot be copyrighted - you are permitted to use
> facts and information freely because that is in the public interest.
>
> This link may provide the information that you are interested in:
> http://www.clir.org/pubs/reports/pub112/body.html
>
> Cheers!
> Dave
>
> David Harvey
> Senior Conservator and Museum Consultant
> Los Angeles CA  USA
> www.cityofangelsconservation.weebly.com
>
>
> On Wed, May 11, 2016 at 8:05 AM, Historic Lecompton <
> [log in to unmask]> wrote:
>
>> I'm looking for information on how to determine if a 1924+ newspaper is
>> copyrighted.  If not copyrighted, we can proceed with digitizing.  I looked
>> under the editor's name on the second page and throughout the paper--no
>> word on copyright.  Does that mean there is not one?
>>
>> Thank you,
>> Lynn Ward, Curator
>> Territorial Capital Museum
>> Lecompton, KS 66050
>> 785-887-6148
>> [log in to unmask]
>>
>> On Tue, May 10, 2016 at 11:00 PM, MUSEUM-L automatic digest system <
>> [log in to unmask]> wrote:
>>
>>> There are 6 messages totaling 1554 lines in this issue.
>>>
>>> Topics of the day:
>>>
>>>   1. Strategic Mentoring and Networking
>>>   2. Job Opening: Photo and Paper Conservator, Smithsonian's Museum
>>>      Conservation Institute, Suitland, MD
>>>   3. Registration Now Open: Disaster Planning Tech Tools and Apps (Online
>>>      Class)
>>>   4. InterpNEWS Update and Call for Interpretation Articles
>>>   5. Curator, part-time  Historical Society of Montgomery County PA
>>>   6. This Week - Do We Care About Ownership? * Disastrous Fieldwork
>>> Fails *
>>>      Ailing Museums & Curse Tablets * Games Changing The Museum
>>> Experience *
>>>      Emporiums Of Inspiration * Audubon's Hoaxes
>>>
>>> =========================================================
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>>> ----------------------------------------------------------------------
>>>
>>> Date:    Tue, 10 May 2016 08:00:44 -0400
>>> From:    "Anne W. Ackerson" <[log in to unmask]>
>>> Subject: Strategic Mentoring and Networking
>>>
>>> This week, Leadership Matters takes up where last week's post on
>>> mentoring
>>> left off.
>>> Read about the rewards of a strategic network.
>>>
>>> http://bit.ly/1ZAyJkE
>>>
>>> Happy reading,
>>>
>>> Anne
>>>
>>> --
>>> Anne W. Ackerson
>>> Creative Leadership & Management Solutions
>>> 1914 Burdett Avenue
>>> Troy, New York  12180
>>> T:  518-271-2455
>>> E:  [log in to unmask]
>>>
>>> *BOOK and BLOG:* *Leadership Matters* Blog
>>> <http://www.leadershipmatters1213.wordpress.com>
>>> Read my Blog <http://leadingbydesign.blogspot.com/>, *Leading by Design*
>>> Follow me on Twitter <http://twitter.com/leadingbydesign> and on
>>> LinkedIn
>>> <
>>> https://www.linkedin.com/profile/preview?locale=en_US&trk=prof-0-sb-preview-primary-button
>>> >
>>> Visit my Website <http://www.awackerson.com/>
>>> *Subscribe to Take 5
>>> <
>>> http://lindabnorris.us6.list-manage.com/subscribe?u=86eba2215500381bf19ab776a&id=6370b20e8a
>>> >,
>>> the newsletter with a fresh take on nonprofit life*
>>> *Take 5* Website <https://take5culture.wordpress.com/>
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>>>
>>> ------------------------------
>>>
>>> Date:    Tue, 10 May 2016 14:58:21 +0000
>>> From:    "N'Gadi, Ann" <[log in to unmask]>
>>> Subject: Job Opening: Photo and Paper Conservator, Smithsonian's Museum
>>> Conservation Institute, Suitland, MD
>>>
>>> Photo and Paper Conservator, Smithsonian’s Museum Conservation Institute.
>>>
>>> The Smithsonian’s Museum Conservation Institute (MCI) is seeking a
>>> Conservator with a specialization in photograph and paper conservation. The
>>> Photo and Paper Conservator will examine museum collections and conduct
>>> appropriate treatments documenting the processes in accordance with
>>> practices and tenets of the profession, will conduct research pertinent to
>>> photograph and paper conservation in the museum environment, and will serve
>>> as a mentor in MCI training programs.  It is expected that the candidate
>>> will participate in MCI research and technical studies. The successful
>>> candidate will have experience in research, professional presentation, and
>>> publication.
>>>
>>> MCI is a scientific research center of the Smithsonian Institution with
>>> the mission to increase and disseminate scientific knowledge that improves
>>> preservation and conservation of museum collections and related material,
>>> with an emphasis on the collections of the Smithsonian Institution’s
>>> museums. For a more detailed description of the MCI’s programs please see
>>> www.si.edu/mci.
>>>
>>> For a complete application package and instructions please access
>>> USAJOBS https://www.usajobs.gov/ or the Smithsonian website
>>> http://www.si.edu/OHR/jobs_public and retrieve announcement number
>>> 16R-SR-300760-DEU-MCI. The Smithsonian Institution is an Equal Opportunity
>>> Employer. Vacancy closes May 23, 2016.   Must be a U.S. citizen or U.S.
>>> National.
>>>
>>> For more information contact:
>>> Jessica S. Johnson
>>> Head of Conservation
>>> Museum Conservation Institute
>>> Smithsonian Institution
>>> 301 238 1218
>>> [log in to unmask]
>>>
>>>
>>> =========================================================
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>>>
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>>> ------------------------------
>>>
>>> Date:    Tue, 10 May 2016 10:04:26 -0500
>>> From:    Carmen Cowick <[log in to unmask]>
>>> Subject: Registration Now Open: Disaster Planning Tech Tools and Apps
>>> (Online Class)
>>>
>>> [Message contains invalid MIME fields or encoding and could not be
>>> processed]
>>>
>>> ------------------------------
>>>
>>> Date:    Tue, 10 May 2016 11:16:12 -0400
>>> From:    "Dr. John Veverka" <[log in to unmask]>
>>> Subject: InterpNEWS Update and Call for Interpretation Articles
>>>
>>>
>>> InterpNEWS
>>> The  International Heritage Interpretation e-Magazine.
>>>
>>> The July/August  of InterpNEWS is almost complete - just waiting for two
>>> more articles to come  in.  It will be sent out and  also available at:
>>> _www.issue.com/interpnews_ (http://www.issue.com/interpnews)   after
>>> the 1st of
>>> June.  IN reaches over  300,000 interpreters, museums, agencies and
>>> organizations in 60 countries.  InterpNEWS is sent FREE as a PDF
>>> attachment.
>>> Here are some of  the articles in the upcoming July/Aug issue:
>>> - Interpreting the Giants Causeway  World Heritage Site.  John  Veverka
>>> - What Keeps Interpreters from  Writing Great Titles? Leigh  Robertson
>>> - Discovering  shark’s teeth in south east London - Dan  Boys
>>>
>>> - A checklist for planning and  delivery of interpretive walks and tours.
>>> - John Veverka
>>> - Insects Here, There and  Everywhere:  Interpreting  BUGS With London's
>>> Archives.  A. Lipford
>>> - A  New Way of Looking at Things at Glen  Mary historic  plantation - GA
>>> Shrum  & Meyers
>>> -  What  Interpreters Need To Know About The Magical No. 7 (plus or minus
>>> 2).
>>> - Interpreting  the Crooked Pine: Interpretation vs.  Education. By Larry
>>> Berrin
>>> -  Interpretation saves lives! J. Patrick Barry
>>> - A Lesson in Interpretation -  Elise's Pot" by Dr. Martha Benn  Macdonal
>>> - Interpreting the Corpse Flower -  Dying to tell you about it. Fairchild
>>> Botanical Gardens
>>> - _An Equation For An Excellent Presentation_
>>> (
>>> https://ispeakeasyblog.wordpress.com/2016/04/05/an-equation-for-an-excellent-presentation/)
>>> . Ethan
>>> Rotman
>>> - Intelligent Design of  Interpretive Text. Dr. Stephen Bitgood
>>>
>>> - Interpreting Scottish Folk Hero  Rob Roy MacGregor - John Veverka
>>>
>>> - Less is More:  Engaging Audiences Through Labels. Ashley  Downing
>>> - Interpretive Training and  Planning Opportunities.
>>>
>>> Call  for Articles for our Sep/Oct 2016 Issue
>>> Plan  ahead for our Fall issue.  I am now  accepting articles for this
>>> issue.  Looking for any articles on creativity in heritage
>>> interpretation,
>>> including:
>>> - Interpretation  for children.
>>> - Interpreting  historic homes, gardens and structures.
>>> - Industrial  interpretation - historical industries.
>>> - Interpreting  wildlife (any subjects).
>>> - New  interpretive technologies (articles from commercial firms  OK).
>>> - Interpreting  churches and historic cemeteries.
>>> - Interpreting  climate change and global warming.
>>> - Interpretation  in botanical gardens and zoos.
>>> - Interpretation  research and visitor studies.
>>> - Developing and  managing volunteer programs.
>>> If you would  like to be published in InterpNEWS let me know.  Our author
>>> guidelines are  simple.
>>> Cheers,
>>> John  Veverka
>>> IN  Publisher
>>> Sr. Instructor,  Kansas State University - Global Campus
>>> Director -  Heritage Interpretation Center for Interpretive Planning.
>>> [log in to unmask] (mailto:[log in to unmask])
>>>
>>> =========================================================
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>>>
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>>> ------------------------------
>>>
>>> Date:    Tue, 10 May 2016 18:31:51 +0000
>>> From:    "Aderman, Ella" <[log in to unmask]>
>>> Subject: Curator, part-time  Historical Society of Montgomery County PA
>>>
>>> Curator, part-time
>>>
>>> Historical Society of Montgomery County, PA
>>>
>>> Norristown, PA
>>>
>>> Founded in 1881, the Historical Society of Montgomery County’s mission
>>> is to preserve, interpret and promote the history of Montgomery County,
>>> Pennsylvania and to educate the public about the region’s ongoing cultural
>>> story.  Located in Norristown, PA, its collections provide a wealth of
>>> materials for those interested in the history of Montgomery County and of
>>> the Greater Philadelphia Region.  Archival and library collections include
>>> family genealogy files, early deeds, tax records, maps, census records,
>>> photographs, scrapbooks, newspapers.  Its diverse object collections
>>> include furniture, paintings, inventions and scientific instruments,
>>> textiles, and other objects that relate to the history and culture of
>>> Montgomery County, Pennsylvania.   The Historical Society of Montgomery
>>> County (HSMC) also owns and maintains Historic Montgomery Cemetery.  With
>>> almost 6000 known burials, Historic Montgomery Cemetery holds the remains
>>> of some of the most prominent citizens, veterans and reformers in the
>>> county and nation.
>>>
>>> The Historical Society of Montgomery County is seeking a part-time
>>> Curator (16-20 hrs/week, some nights and/or Saturdays).  The Curator will
>>> have overall responsibility for managing HSMC’s object and photograph
>>> collections including all aspects of collections care, processing,
>>> interpretation, display, cataloguing, digitization and research.  The
>>> Curator will manage interns and collections volunteers and take the lead in
>>> completing an inventory of the collection. They will be a part of a team
>>> that creates changing exhibits and displays and will contribute regularly
>>> to HSMC’s electronic and print newsletter and blog postings.
>>> Requirements:  Bachelor’s degree and at least one year of applicable
>>> experience with knowledge of principles and practices of collections
>>> management and care.  PastPerfect experience preferred.  Excellent
>>> research, writing, interpersonal, and organizational skills required. Send
>>> cover letter, resume and three professional references to:
>>> [log in to unmask]
>>> <javascript:window.top.ZmObjectManager.__doClickObject(document.getElementById(%22OBJ_PREFIX_DWT4161_com_zimbra_email%22));>
>>>
>>> =========================================================
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>>> ------------------------------
>>>
>>> Date:    Wed, 11 May 2016 08:00:39 +1200
>>> From:    Roger Smith <[log in to unmask]>
>>> Subject: This Week - Do We Care About Ownership? * Disastrous Fieldwork
>>> Fails * Ailing Museums & Curse Tablets * Games Changing The Museum
>>> Experience * Emporiums Of Inspiration * Audubon's Hoaxes
>>>
>>> Welcome back to GLOBAL MUSEUM, your award-winning & free online
>>> compendium, read weekly since 1998 by 8,000 readers in more than 201
>>> countries.
>>>
>>>
>>>
>>> ***   " I love Global Museum! I pull stories for my weekly email to our
>>> docents and they enjoy them too. My colleagues even asked to know where I
>>> found them because the stories are so interesting. " - User Feedback   ***
>>>
>>>
>>>
>>> Four Pages of the Latest Museum News & Free Online subscription.
>>> http://www.globalmuseum.org .
>>>
>>>
>>>
>>> **  How Not to Buy Stolen, Looted or Forged Art
>>>
>>> As the author of several books on art crime, and having taught the
>>> history of art crime for many years, I know scores of tricks that thieves,
>>> forgers and con men have used successfully in the past
>>>
>>>
>>>
>>> **  Technology Can Make Exact Copies Of Artifacts. Do We Care About
>>> Ownership?
>>>
>>> Just as technology has the power to preserve and protect ancient
>>> artifacts, it also invites a dizzying array of legal conflicts over their
>>> digitization and replication, particularly regarding the intersection of
>>> copyright law with cultural identity
>>>
>>>
>>>
>>> **  The Scientific Daredevils Who Made This Museum a National Treasure
>>>
>>> When an award-winning science writer dug into the backstory of Yale's
>>> Peabody Museum, he found a world of scientific derring-do
>>>
>>> _______________________________________________________________________
>>>
>>>
>>>
>>> ARE YOU ONE OF THE 4,047?
>>>
>>> Our Community on the LinkedIn Platform - Join the Global Museum Social
>>> Network - Meet& Make Friends, Share Photos & Videos, Blog, Use the Forum,
>>> Join A Group.
>>>
>>> Become one of our first 5,000 members.  Join Today at
>>> http://www.linkedin.com/groups/Globalmuseum-3968927
>>>
>>> ________________________________________________________________________
>>>
>>>
>>>
>>> **  How Games Are Changing the Museum Experience
>>>
>>> For a number of years now we’ve been exploring what it might mean for
>>> museums to employ games and play as a way to increase visitor motivation
>>>
>>>
>>>
>>> **  Van Gogh Museum Wants to Share Its Expertise, for a Price
>>>
>>> Under the program, museum employees will provide advice and support in
>>> areas such as collection conservation and preservation, installation of
>>> climate control systems, museum management, and the development of
>>> educational programs
>>>
>>>
>>>
>>> **  Tomb of a 16th-century Catholic priest found in remains of Aztec
>>> temple
>>>
>>> Archaeologists have found a stone slab covering the tomb of one of the
>>> first Catholic priests in Mexico, a grave sunk into the floor of what
>>> appears to be an Aztec temple
>>>
>>>
>>>
>>> **  Suddenly, every museum is all about the buttons
>>>
>>> Older kids are slightly more interested in the information, but looking
>>> around these exhibit halls and watching other families, many seem more
>>> interested in the buttons than in the actual exhibit
>>>
>>>
>>> ___________________________________________________________________________________________
>>>
>>>
>>>
>>> Follow Us On Twitter - http://twitter.com/globalmuseum
>>>
>>> 133K Museum News Tweets from around the Globe, 4,514 Followers worldwide
>>> and growing fast
>>>
>>>
>>> ____________________________________________________________________________________________
>>>
>>>
>>>
>>> **  John James Audubon and the natural history of a hoax
>>>
>>> Audubon may have thought that Rafinesque would realise the prank, and he
>>> probably considered it unlikely that the eccentric naturalist would be
>>> capable of publishing his descriptions in scientific journals
>>>
>>>
>>>
>>> **  Tour This Museum in an Abandoned Elevator Shaft
>>>
>>> Peer inside Mmuseumm 1 and you’ll find red-velvet-lined shelves teeming
>>> with everyday objects that are treated like rare artifacts: cornflakes
>>> arranged like rare specimens, tacky Trump merchandise from the early 2000s
>>> and packaging from an Iranian fast-food franchise that mimics familiar
>>> American chains
>>>
>>>
>>>
>>> **  Curse Tablets Discovered in 2,400-Year-Old Grave
>>>
>>> Five lead tablets that cursed tavern keepers some 2,400 years ago have
>>> been discovered in a young woman's grave in Athens, Greece
>>>
>>>
>>>
>>> **  Our ailing museums
>>>
>>> To bring all public museums under the charge of one ministry, like the
>>> ministry of culture, could help if there was domain expertise and scope to
>>> standardise and streamline rules and procedures, including safety protocols
>>>
>>>
>>> _________________________________________________________________________________________
>>>
>>>
>>>
>>> Become a Facebook Follower -  Join 2,136 of  us who Like Global Museum
>>> on Facebook  http://www.facebook.com/pages/Global-Museum/129179522574?
>>>
>>>
>>> _________________________________________________________________________________________
>>>
>>>
>>>
>>> **  Teen uses lawn-mowing money to fund incredible Apple collection
>>>
>>> Now 15, Alex Jason is on the verge of opening a public museum that will
>>> feature rare prototypes, a bound original copy of Steve Wozniak’s Woz Pak
>>> coding notes for the Apple II, and even a rare Apple I that may be the only
>>> one in existence with working original chips
>>>
>>>
>>>
>>> **  Emporiums of inspiration: the Museum of the Year 2016 shortlist
>>>
>>> From a Scottish country estate to a psychiatric hospital, the Museum of
>>> the Year shortlist is announced and Tracy Chevalier, Grayson Perry, Norman
>>> Foster, Antony Gormley and John Akomfrah champion their favourites
>>>
>>>
>>>
>>> **  Who’s in Charge at the Brooklyn Museum? It Could Be You
>>>
>>> It’s like having a curator in your pocket: When you send a question or a
>>> comment, a team member can immediately see where in the museum you are and
>>> what artworks are nearby
>>>
>>>
>>>
>>> **  Sing Sing museum: New view of the 'big house'
>>>
>>> It was at Sing Sing that 'Old Sparky,' the first electric chair, was
>>> used; where Babe Ruth supposedly blasted his longest home run during an
>>> exhibition game against a team of inmates
>>>
>>>
>>> ______________________________________________________________________________
>>>
>>>
>>>
>>> Pin Us on Pinterest. Global Museum's Pinterest Boards - Enjoy!
>>>
>>> 1.63K Pins, 350 Followers http://pinterest.com/globalmuseum/museums/
>>>
>>>
>>> ______________________________________________________________________________
>>>
>>>
>>>
>>> **  Crocs: Ancient Predators in a Modern World
>>>
>>> Now you can explore the complex lives of crocodilians—a group of
>>> reptiles that includes crocodiles, alligators, caimans, and gharials—in a
>>> new AMNH exhibition featuring live species, life-sized dioramas, and
>>> interactive exhibits
>>>
>>>
>>>
>>> **  New Paris museum to house billionaire's modern art collection
>>>
>>> François Pinault, the luxury goods billionaire who also owns Christie’s
>>> auction house, is taking over the Bourse de Commerce in the capital to show
>>> his €1.2bn collection of modern masters
>>>
>>>
>>>
>>> **  Hilarious Illustrations Depict Scientists’ Disastrous #Fieldworkfails
>>>
>>> For every dramatic a-ha moment there are countless hours of mundane
>>> research and tedious fieldwork—fieldwork that is often much less like a
>>> sci-fi thriller and a lot more like a comedy of errors
>>>
>>>
>>>
>>> **  The History of Psychedelic Art, From Woodstock to Coachella
>>>
>>> Psychedelic art drew inspiration from Op Art, also including movement,
>>> hidden images, or other Op Art aspects
>>>
>>>
>>> ______________________________________________________________________________
>>>
>>>
>>>
>>> Add Us To Your Google+ Circles – 195,401 in Circles.   10,548 in
>>> Community so far - https://plus.google.com/109387399901726606466
>>>
>>>
>>> ______________________________________________________________________________
>>>
>>>
>>>
>>> **  Why did the historic Boeing 747 cross the road?
>>>
>>> Delta Air Lines made huge preparations to move this approximately
>>> 400,000-pound, 232-foot-long 747-400 from the outskirts of
>>> Hartsfield-Jackson Atlanta International Airport to the Delta Flight Museum
>>>
>>>
>>>
>>> **  Industrial Heritage 2016
>>>
>>> European contact weekend for industrial heritage volunteers and
>>> associations Antwerp (Belgium)
>>>
>>>
>>>
>>> **  The Mechanics of Art Materials and Its Future in Heritage Science: A
>>> Seminar and Symposium
>>>
>>> The Museum Conservation Institute in collaboration with the Royal Danish
>>> Academy of Fine Arts (KADK)
>>>
>>>
>>>
>>> **  Let's Get Real 2016 Conference
>>>
>>> How can arts and heritage organisations get better at recognising,
>>> articulating and generating value from online cultural retail?
>>>
>>>
>>>
>>> **  This Week's Horoscopes
>>>
>>> Aquarius - Your defence lawyer is one of the best, but he will have a
>>> hard time blaming those 11 murders on the bossa nova, the dance of love.
>>>
>>>
>>>
>>> All the latest Museum News, Views & Vacancies plus Bookshop, Museum
>>> Store, Resume Postings, Museum Studies Listing & More.
>>>
>>> Global Museum -  since 1998 www.globalmuseum.org.
>>>
>>>
>>>
>>>
>>> =========================================================
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>>>
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>>> ------------------------------
>>>
>>> End of MUSEUM-L Digest - 9 May 2016 to 10 May 2016 (#2016-118)
>>> **************************************************************
>>>
>>
>>
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