October
17-20,
2004
Note: links active when this file was originally written may no longer work.
Federal Depository Library Conference
October
17-20,
2004
Presentation by Bonnie Klein ( http://www.dtic.mil/)
Roughly 15% of GPO publications are thought to be protected by copyright. The speaker feels the real percentage is likely to be higher.
The burden for determining that a gov doc is free from copyright is on the user.
Anything created previous to 1923 is free from copyright.
Section 108 of the copyright code, the Library Exemption, creates opportunity for use of protected materials for librarians.
Only “government works” are free from copyright. A government work is anything created by a government employee during the performance of their job. The only exceptions to this rule tend be things like logos (webpage graphics, agency logos), and distinctive images (Smokey the Bear).
Not included under the definition of government works are things created by contractors hired by the government, even when that content is printed and/or distributed by the GPO. These items are protected by copyright held by their creators, since these creators are not government employees. Contracted works, items created by contractors on assignment by government agencies (the agency retains copyright), works done under government grant, federally-funded research, and gifts and exchanges—all require use analysis before it can be assumed that these items are free from copyright, since none of them fall under the definition of government works.
