At 04:12 PM 3/30/96 -0800, you wrote:

Having formerly administered a photographic archives this question came up
frequently. A study of the copyright law revision yielded the following:

1. If an image is in the public domain, the original image CANNOT be
copyrighted. HOWEVER, each copy is said to be imbued with individual
characteristics that CAN be copyrighted. You do not lose control until you
permit unrestricted copying of your copy or distribute copies with no
notice. So, while the original image is in the public domain, you CAN
copyright copies made from your copy and control access and use of those
copies. (Whew!) The copyright notice consists of "Copyright 19--, "Your
Institution."

2. For images created prior to the '76 copyright act revision, the maximum
term of 75 years applies (I'd have to check the term in the texts at my
office, but I believe 75 years is correct). In general, unless you have
written transfer of copyright, or permission, you are best off NOT using or
distributing materials made after the '76 revision. The use of materials in
the 75 year gray area is a judgement call . . .and one that has lead to a
few lawsuits.

3. The question of whether other institutions put copyright notices on
materials is simple. If it is in public domain, or you have copyright, put a
notice on ALL the copies you distribute. Insist on a credit and copyright on
motion picture media. If you do not have copyright, and the material is
pre-1976 and under 75 years old, you had best steer away from making copies.

----------------------
Byron Johnson, Director
Texas Ranger Hall of Fame and Museum
P.O. Box 2570
Waco, Texas 76702-2570
E-Mail: [log in to unmask]
Phone: 817-750-8631
------------------------------
"...Unless a people are educated and enlightened it is idle
to expect the continuance of civil liberty or the capacity
for self-government."   - Texas Declaration of Independence,  March 2, 1836.
 -- Texas Rangers 175th Anniversary 1823-1998 --