The following outlines specific concerns respecting copyright and primary source materials:
- Under current copyright law, rights to unpublished manuscripts belong to the author and his/her heirs during the author's lifetime and for 70 years thereafter, even if the physical property has been sold or given away, unless copyright was specifically transferred to the new owner.
- There is a special provision in the act for works created prior to January 1, 1978, but published between then and December 31, 2002. Copyright in such works will not expire before December 31, 2047, or 70 years after the death of the author, whichever is greater.
- Works created January 1, 1978 or after are protected by copyright for life of the creator plus 70 years. Corporate authorship is protected for the shorter of 95 years from publication or 120 years from creation.
- Works published before 1923 are in the public domain.
- Works published between 1923 and 1963, when published with copyright notice, are protected for 28 years, and this protection could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years. If not so renewed, they are now in the public domain.
The practical effect of the copyright law to the researcher is that a serious attempt must be made to locate the holder of the copyright to both published and unpublished writings to obtain permission for publication. Full responsibility for legal questions relating to the use and publication of manuscripts rests with the researcher.
Please be aware that for materials such as advertising, trade mark rights, in addition to copyright, may need to be considered.
Rights and Usage Information for John P. Davis Digital Collections
The materials on this web site are made available for use in research, teaching and private study. For those purposes the user may reproduce these materials (by download, printing, etc.) permission must be obtained, and the condition that proper attribution of the source for all copies is provided by clearly acknowledging the name of the John P. Davis, the title of the web page or resource and the URL at which it was located.
For other uses of these materials, i.e. in commercial products, for broadcast, publication or mirroring, permission must be obtained in advance from the John P. Davis Collection. See websites for contact information.
The recipient of these materials agrees to indemnify and hold harmless John P. Davis Collection, its officers, employees and agents against all suits, claims, actions and expenses arising out of the use of reproductions of material provided by John P. Davis Collection.
When using these materials, it is the responsibility of the user to observe access conditions placed on the collection, as well as the laws of copyright and any applicable exceptions to copyright. Permission to make further use of any copyright-protected material must be obtained by the person wishing to use the material, and that person assumes responsibility for complying with the copyright law and any other use restrictions.
Please remember that full responsibility for observing legal restrictions, including but not restricted to copyright and trademark laws, rests with the user of these materials. For a broader discussion of copyright and fair use,
