[SIGCIS-Members] Copyright advice sought

Fri Jul 13 11:50:24 PDT 2018

Thanks for the clarification - I guess I just really wish it were a right :)
M

On Fri, Jul 13, 2018 at 9:50 AM Kimon Keramidas <kimon.keramidas at nyu.edu>
wrote:

> This is a great take on this and the CAA framework is a good one that was
> the end result of five years of study by IP lawyers so is bona fide.
>
> Just a point of clarification, fair use is not a right like copyright is
> as it is not explicitly stated as such in law. Rather it is an exception to
> copyright that has been provided by judicial precedent and has been roughly
> outlined in copyright law but is purposefully not clearly bound. This
> difference is just important to know as you move forward with concerns such
> as this and are dealing with legal situations and specific terminology.
>
> It’s kind of like driving. No one has the right to drive. The government
> provides the opportunity to get a driver’s license and it can be taken
> away. Fair use tenets can be violated as such if they are determined to be
> overstepped by a judge and one can then be in violation of copyright.
> Copyright however is automatically given to the creator upon recording of
> an expression in a material form and is a right that cannot be taken away.
>
> Cheers
> Kimon
>
> *Kimon Keramidas, Ph.D.*
> Clinical Associate Professor
> The Center for Experimental Humanities <http://as.nyu.edu/ceh.html>
>
>
> *New York University*14 University Place
> New York, NY 10003
>
> *P* 212-998-3691
> *T* @kimonizer
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>
>
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> <https://www.bgc.bard.edu/gallery/exhibitions/10/the-interface-experience>
>
>
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> in Print Design Award* from the *American Alliance of Museums*
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>
> On Jul 13, 2018, at 9:34 AM, Matthew Allen <matthewallen at g.harvard.edu>
> wrote:
>
> Hi Bernard,
>
> Publishing these images in an academic context would certainly fall under
> fair use (it may or may not be copyrighted, but you may (and in this case
> certainly do) still have the right of fair use). Which means: there's
> almost no chance you'd get into legal trouble (and if it went to court,
> you'd win), but you still may need to convince your editor. In which case,
> you may be able to point them to advice like this:
> http://www.collegeart.org/pdf/fair-use/best-practices-fair-use-visual-arts.pdf
> . I've had some luck convincing editors in the art history realm that most
> of the culture of "permissions" is complete waste of time. (The right of
> fair use means you don't have to ask for permission!)
>
> Best,
> Matthew
>
> On Thu, Jul 12, 2018 at 3:59 PM Ceruzzi, Paul <CeruzziP at si.edu> wrote:
>
>> It may be worth noting that the RAND Corporation was/is a so-called
>> “FFRDC” – federally-funded research and development center. After World War
>> II a number of them were set up, mainly (as I understand it) to allow its
>> employees to receive higher salaries than allowed by the civil service
>> system. But they were paid with government funds (i.e. taxes). The same
>> holds true for the university lab with an air force contract. The line
>> between an FFRDC and a traditional government research lab (e.g. the
>> National Bureau of Standards/NIST) can be very fuzzy. As one colleague of
>> mine remarked, “How do you know if the person works for an FFRDC or a
>> government lab? Visit their house, and if they have Picasso paintings on
>> the wall, they work for an FFRDC.”
>>
>>
>>
>> So to answer your question, go ahead & use the images. As for the
>> advertisements, you do need to show that you made a good-faith effort. I
>> have done this, and in some cases it turned out to be fun, believe it or
>> not, to track down the evolution of technical trade journals like
>> Electronics or Datamation.
>>
>>
>>
>> Paul Ceruzzi
>>
>> ceruzzip at si.edu
>>
>> 202-633-2414
>>
>>
>>
>> *From:* Members <members-bounces at lists.sigcis.org> *On Behalf Of *Bernard
>> Geoghegan
>> *Sent:* Thursday, July 12, 2018 2:21 PM
>> *To:* members at SIGCIS.org
>> *Subject:* [SIGCIS-Members] Copyright advice sought
>>
>>
>>
>> Dear Members,
>>
>>
>>
>> I’m looking for some copyright tips. I’d be grateful for feedback. I’m
>> trying to figure out if I need copyright holder permission to reproduce in
>> an academic publication images from the following items that appeared in
>> print between 1923 and 1963, i.e. a period when things normally require
>> explicit copyright renewal to stay out of the public domain. I can’t figure
>> out if some of these materials count as government documents. Unless noted,
>> none of these materials come from an archive or otherwise privileged source.
>>
>>
>>
>> 1.    Figures from IBM manuals for SAGE from 1958. There’s no evidence
>> the manual was copyrighted, nor that the copyright was renewed, but there
>> is a statement in the manuals that reads “This document contains
>> information of a proprietary nature. Any use or reproduction of this
>> document for other than government purposes is subject to the prior consent
>> of International Business Machines Corporation.”
>>
>> 2.    A figure from a 1950s RAND memo prepared for the US Air Force—no
>> evidence that it was copyrighted, nor that the copyright was renewed. There
>> is a statement on the cover that permission must be sought from RAND to
>> quote or reproduce its contents.
>>
>> 3.    Figures from a 1947 report produced by a university-based
>> laboratory for the US Air Force, no evidence that it was copyrighted, nor
>> that copyright was renewed. I don’t think it was publicly circulated. I got
>> my copy from a US government archive.
>>
>> 4.    Pre-1964 magazine advertisements, I have no information about
>> their copyright status.
>>
>>
>>
>> Thanks for your advice, colleagues.
>>
>>
>>
>> Best,
>>
>> Bernard
>>
>>
>>
>>
>>
>>
>>
>> --
>>
>> Bernard Dionysius Geoghegan
>>
>> Senior Lecturer in the History and Theory of Digital Media
>>
>> www.bernardg.com
>>
>>
>>
>> Department of Digital Humanities
>>
>> King's College London
>>
>> The Strand Building
>>
>> Room S3.08
>>
>> WC2R 2LS
>>
>>
>>
>> Office: +44 (0)20 7848 4750
>>
>> Cell:  +44 (0)75 7713 9098
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