on un-copyrighted works and on the work of the Bahá'í Library
Contributors to this website have different philosophies about the redistribution of their work. Many consider a piece to be public domain as soon as it is posted online, and don't mind it being redistributed. Others wish to be notified and asked for permission before anything is posted or printed elsewhere. To be safe,
contact all authors and seek permission before redistributing or re-posting these texts. If you do not know how to contact an author, write to
.
As well, all pieces quoted from the Library should be cited to give proper
credit and/or responsibility for error to the authors and to the builders of the website.
Conventions for internet citation are not yet universal, but a good
resource of suggestions for citation is Melvin Page's
A Brief Citation Guide
for Internet Sources in History and the Humanities.
I, Jonah Winters, do give permission for the (properly cited) unrestricted use and redistribution of any of my articles, research notes, and the text of the Library itself (such as this section).
Sacred Writings, the works of the Guardian, materials produced by World Centre Publications, or the Bahá'í International Community may, according to
an official statement by the Universal House of Justice, be reproduced electronically with no restrictions.
For an in-depth overview of the nature of copyright in the Internet age, see the National Research Council's report "The Digital Dilemma: Intellectual Property in the Information Age," online at
books.nap.edu/books/0309064996/html.
on the copyright of other texts
Copyright can be a tricky issue, as laws change periodically and are sometimes retroactive. Indeed, the file lcweb.loc.gov/copyright/circs/circ21.pdf, excerpted below, even states that "It is still uncertain how far a library may go under the
Copyright Act of 1909 in supplying a photocopy of copy-righted
material in its collection." We at the Bahá'í Library Online have been very careful to request posting permission from the author and/or the publisher of every item here, and will distribute no texts that are copyrighted for which we haven't received permission. If any item is found that might violate copyright law, or if we've made any other mistakes in this regard, please write to
.
Below we have excerpted documents from the US Copyright Office Home Page on the issues of:
(1) Fair Use
(2) Reproduction by Libraries and Archives
(3) Duration of Copyright Protection
As can be seen below, copyright may have expired on works published before 1977 (2005 minus 28 years), and anything published before 1923 is now public domain: see a comparison chart at http://www.unc.edu/~unclng/public-d.htm. In some cases a copyright search needs to be done: see
lcweb.loc.gov/copyright/circs/circ21.pdf, "How to Investigate the Copyright Status of a Work."
1) Fair Use
excerpted from
http://lcweb.loc.gov/copyright/circs/circ21.pdf
Notwithstanding the provisions of sections 106 and
106A, the fair use of a copyrighted work, including such use
by reproduction in copies or phonorecords or by any other
means specified by that section, for purposes such as criticism,
comment, news reporting, teaching (including multiple
copies for classroom use), scholarship, or research, is
not an infringement of copyright. In determining whether
the use made of a work in any particular case is a fair use
the factors to be considered shall include
- the purpose and character of the use, including
whether such use is of a commercial nature or is for non-profit
educational purposes;
- the nature of the copyrighted work;
- the amount and substantiality of the portion used in
relation to the copyrighted work as a whole; and
- the effect of the use upon the potential market for or
value of the copyrighted work.
The fact that a work is unpublished shall not itself bar a
finding of fair use if such finding is made upon consideration
of all the above factors.
2) Reproduction by Libraries and Archives
excerpted from
http://lcweb.loc.gov/copyright/circs/circ21.pdf
(a) Notwithstanding the provisions of section 106, it is
not an infringement of copyright for a library or archives,
or any of its employees acting within the scope of their employment,
to reproduce no more than one copy or phonorecord
of a work, or to distribute such copy or phonorecord,
under the conditions specified by this section, if
- the reproduction or distribution is made without
any purpose of direct or indirect commercial advantage;
- the collections of the library or archives are (i)
open to the public, or (ii) available not only to researchers
affiliated with the library or archives or
with the institution of which it is a part, but also to
other persons doing research in a specialized field;
and
- the reproduction or distribution of the work includes
a notice of copyright.
(b) The rights of reproduction and distribution under
this section apply to a copy or phonorecord of an unpublished
work duplicated in facsimile form solely for purposes
of preservation and security or for deposit for research use
in another library or archives of the type described by
clause (2) of subsection (a), if the copy or phonorecord reproduced
is currently in the collections of the library or
archives.
(c) The right of reproduction under this section applies
to a copy or phonorecord of a published work duplicated in
facsimile form solely for the purpose of replacement of a
copy or phonorecord that is damaged, deteriorating, lost,
or stolen, if the library or archives has, after a reasonable
effort, determined that an unused replacement cannot be
obtained at a fair price.
(d) The rights of reproduction and distribution under
this section apply to a copy, made from the collection of a
library or archives where the user makes his or her request
or from that of another library or archives, of no more than
one article or other contribution to a copyrighted collection
or periodical issue, or to a copy or phonorecord of a small
part of any other copyrighted work, if
- the copy or phonorecord becomes the property
of the user, and the library or archives has had no
notice that the copy or phonorecord would be used for
any purpose other than private study, scholarship, or
research; and
- the library or archives displays prominently, at
the place where orders are accepted, and includes on
its order form, a warning of copyright in accordance
with requirements that the Register of Copyrights
shall prescribe by regulation.
(e) The rights of reproduction and distribution under
this section apply to the entire work, or to a substantial
part of it, made from the collection of a library or archives
where the user makes his or her request or from that of
another library or archives, if the library or archives. has
first determined, on the basis of a reasonable investigation,
that a copy or phonorecord of the copyrighted work cannot
be obtained at a fair price, if
- the copy or phonorecord becomes the property
of the user, and the library or archives has had no
notice that the copy or phonorecord would be used for
any purpose other than private study, scholarship, or
research; and
- the library or archives displays prominently, at
the place where orders are accepted, and includes on
its order form, a warning of copyright in accordance
with requirements that the Register of Copyrights
shall prescribe by regulation.
Duration of Copyright Protection
excerpted from
http://lcweb.loc.gov/copyright/circs/circ1.pdf
Works Originally Copyrighted On or After
January 1, 1978
A work that is created and fixed in tangible form for the
first time on or after January 1, 1978, is automatically protected
from the moment of its creation and is ordinarily
given a term enduring for the author's life plus an additional
70 years after the author's death. In the case of "a
joint work prepared by two or more authors who did not
work for hire," the term lasts for 70 years after the last
surviving author's death. For works made for hire and for
anonymous and pseudonymous works (unless the
author's identity is revealed in the Copyright Office
records), the duration of copyright will be 95 years from
publication or 120 years from creation, whichever is less.
Works created before the 1976 law came into effect
but neither published nor registered for copyright before
January 1, 1978, have been automatically brought under
the statute and are now given federal copyright protection. The duration of copyright in these works will generally
be computed in the same way as for new works:
the life-plus-70 or 95/120-year terms will apply. However,
all works in this category are guaranteed at least 25
years of statutory protection.
Works Copyrighted Before January 1, 1978
Under the law in effect before 1978, copyright was secured
either on the date a work was published with notice
of copyright or on the date of registration if the work
was registered in unpublished form. In either case, copyright
endured for a first term of 28 years from the date on
which it was secured. During the last (28th) year of the
first term, the copyright was eligible for renewal. The
copyright law extends the renewal term from 28 to 67
years for copyrights in existence on January 1, 1978.
However, for works copyrighted prior to January 1,
1964, the copyright still must have been renewed in the
28th calendar year to receive the 67-year period of
added protection. The amending legislation enacted
June 26, 1992, automatically extends this second term
for works first copyrighted between January 1, 1964, and
December 31, 1977. For more detailed information on
the copyright term, write or call the Copyright Office and
request Circular 15a, "Duration of Copyright," and Circular
15t, "Extension of Copyright Terms."
