I am pretty ignorant ( a moron) for the most part when it comes to law. Particularly something like copyright law. I thought perhaps since this was a publishing message board perhaps I could ask for some help from individuals that may be more knowledgeable and gifted on this topic.
I’m in the US. I have some US books and materials that I have inherited from my father; I plan on scanning it for my own personal use and to preserve as much as I can.
I figure since I’m going through the trouble of doing this that perhaps I could share some of it publicly for those that might appreciate it. I was wondering if it would be legal for me to share it publicly without violating copyright laws? None of the stuff is any newer than 1945 ( the end of World War II).
Another question I have is about some (USAAC – USAF) military training material that’s marked “secret”. Once again none of the materials is any newer than 1945 ( the end of World War II); in my opinion none of it would be considered secret anymore; as it was mostly just basic and intermediate flight training materials; and so much time has passed. Should I consider it not to be secret anymore? Or is there some process that I can go through to see to get it cleared for public viewing?
I live near WPAFB and was considering trying to contact them to ask their opinion and to pick their brains; that is if they would even respond to me.
For instance one of the books that I like for nostalgic reasons is:
Flying and how to do it. Assen Jordanoff
http://en.wikipedia.org/wiki/Asen_Yordanov
( the link is not to my web page)
http://www.earlyaviators.com/ejordano.htm
To reiterate and clarify.
1: Do you think I would be violating copyright law to post the above material publicly?
2: Would it be proper as far as printed training materials being classified “secret” for such old and mundane to assume that legally and morally it is unclassified?
2A: (if not then what would be the process to find out and get it cleared)?
Thanks
By: RPSmith - 29th November 2008 at 10:56
have you asked The Smithsonian and/or The NMoUSAF?
I would guess they are asked these sort of questions fairly often and may have a FAQ which might help??
Roger Smith.
By: Mondariz - 29th November 2008 at 05:41
An image or file that is the work of a U.S. serviceman or employee, taken or made during the course of the person’s official duties. As a work of the U.S. federal government, the image or file is in the public domain.
http://en.wikipedia.org/wiki/Copyright_status_of_work_by_the_U.S._government
Naturally, if the material is still classified, you should not publish it, or even own it. However, its unlikely that wartime material in private hands would still be classified. Traning manuals and such are no longer classified.
If you could post the nature of the “classified” material, i will be happy to look it up for you.
Regarding the books:
“Works published with notice of copyright or registered in unpublished form on or after January 1, 1923, and prior to January 1, 1964, had to be renewed during the 28th year of their first term of copyright to maintain copyright for a full 95-year term.
With the exception of maps, music, and movies, the vast majority of works published in the United States before 1964 were never renewed for a second copyright term”
If the books have been out of print since your copy was made, then its unlikely, that they are copyright protected. However, its something you should look into. Again, if you post more information, I will be happy to assist you.
By: Malcolm McKay - 29th November 2008 at 05:20
Most countries have laws which stipulate the time that must elapse before any published work runs out of copyright and goes into the public domain. It is best to check and see what your local laws are. If a work is out of copyright then you may republish it without permission. But it is good manners to cite the original source anyway – not only to prove your honesty but also to acknowledge the original author. If you don’t you might quite innocently draw upon yourself charges of plagiarism, which you don’t want if you are to be taken seriously.
Copying of published work is permissable so long as it is for private non-profit use or is part of research, but if you are seeking to republish it either in whole or in part then it’s a different thing. Normally if part of a work is used by reference or by quote in another publication then one must cite the source, author etc. It also considered mandatory that if a large part of a published work which is still under copyright is quoted in entirety it is not only correctly cited but permission must be obtained from the publishers who hold the copyright.
The same rules apply to photographs etc.
In the case of government publications you need to check with your own government authorities. Just because a publication has had its security classification removed does not mean that it is automatically in the public domain and may be republished freely. But if you were using it as a reference in your own separate research then simple citation of source may suffice.
The freedom of access to the internet has eroded these restrictions in many people’s minds but nevertheless the internet is no different to hard copy publication and the same rules apply.
Basically it comes down to good manners and not stealing the intellectual property of others.
And always make sure that if you are seeking permission to republish something get the approval, if you receive it, in writing – this will protect you if any problem might arise. A simple yes over the phone is easily denied.
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November 29, 2008 at 4:22 am