More Copyright Tests

Here are some answers for popular types of items that are often the subject of Copyright questions.

Are you interested in an item created by the U.S. Government? Great Seal of ther United States

Be sure you are looking at an original, not another's copy. (Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2nd Cir. 1951)

Are you interested in an item of non-U.S. origin ? Many Nations

If the item does not appear to be produced in the United States, this complicates the Copyright in a number of ways. In the U.S., Copyright may have been automatically given to this item in 1996 as a result of international trade treaties (P.L. 103-465). Although the U.S. Government declared some German and Japanese works captured during World War II to be public domain, in 1963 congress restored those Copyrights.(P.L. 87-846 and 87-861)
Even if the foreign work has no U.S. Copyright, the item may still have protection in the source country or other countries. If your project is distributed to those countries, those laws will apply.

Are you interested in a Film or Motion Picture ?

A book called The SuperList contains a listing of films and whether those films were Copyrighted or renewed. (This book is based on The Catalog of Copyright Entriesby the U.S. Copyright Office, to which they have added renewal information.) There have been various editions of this book over the years, and unfortunately each edition corrects errors in previous ones. Be sure you are consulting the latest edition and caveat emptor. Although SuperList is useful for a quick check, Do a Copyright Search Yourself or have a Professional Copyright Search. done to be certain.

Are you interested in a photograph distributed by a news agency or wire service like UPI, United Press, AP, Associated Press, Acme, Wide World, or others? Associated Press Photo

Iwo Jima by AP photographer Joe Rosenthal

Many of the world's most compelling photos were created for newspapers by news agencies. For example, Joe Rosenthal's iconic image of the flag raising on Iwo Jima was not Copyrighted. Others were Copyrighted and renewed. To use these images, it is important to look up the Copyright status. Do a Copyright Search Yourself or have a Professional Copyright Search done to be certain.

Are you interested in an item you found at The Library of Congress or National Archives?

Simply being housed at or physical ownership by The National Archives, the Library of Congress, or the U.S. Government does not affect any Copyright of the item. Copyright ownership is separate from physical ownership. (17 U.S.C.A. § 202) Although many millions of public domain items are found at the Library of Congress and the National Archives, you must consider each item individually on it's own merits. Do a Copyright Search Yourself or have a Professional Copyright Search. done to be certain.

Are you interested in an item you found on the web ?

Almost all web content was created or copied after 1989 (see "The Date Test") and therefore is Copyrighted with or without a Copyright notice or Copyright Registration. If the web item is a copy of an item that's original is public domain, you still cannot use it. You are free to use the original, not another's copy . (Alfred Bell & Co. v. Catalda Fine Arts, Inc., 191 F.2d 99 (2nd Cir. 1951)

Are you interested in an item that has given up its Copyright?

Are you interested in an item that has lost its Copyright?

Are you interested in an item whose owner may not be enforcing its Copyright?

So called "Orphan Works" are in an area of evolving law. The U.S. Copyright Office has studied the matter, and there is legislation pending in Congress to give clear legal guidance on this issue. As of this writing, it is unresolved and using an "Orphan Work" still carries the same penalties as normal Copyright infringement.

Are you interested in something that cannot be Copyrighted ? Good news...

Certain works cannot have U.S. Copyright protection, so therefore there is no Copyright issue in using them. They may be subject to other laws that prevent you from using them in certain ways, but in the Copyright sense they are "public domain". (17 U.S.C.A. § 102)
- Useful articles like Vehicular bodies, wearing apparel, household appliances. Please note that Copyright can be made for pictorial, graphic, or sculptural features that exist independently of the utilitarian object in which they are embodied.
- Structures such as bridges, cloverleafs, dams, walkways, tents, recreational vehicles, mobile homes, and boats. Please note that Architectural works like buildings created on or after December 1, 1990 can be Copyrighted, but pictorial representations of buildings are specifically permitted by the law if the building is located in a public place or is ordinarily visible from a public place. (17 U.S.C.A. § 120(a).
- Ideas, Methods, or Systems
- Blank forms and similar works designed to record rather than to convey information
- Column headings or simple checklists
- Names, (including products or services. businesses, organizations, or groups, including the name of a group of performers, pseudonyms, including pen name or stage name)
- Titles of works
- Catchwords, catchphrases, mottoes, slogans, or short advertising expressions
- The format, arrangement, or typography of a work
- Standard calendars, height and weight charts, tape measures and rulers, or schedules of sporting events
- Lists or tables taken from public documents or other common sources
- Listings of ingredients

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