Copyright for Primary Sources

Primary Sources - Definition

Primary sources are records that were created during the time of a particular event or era and written, recorded, or produced by those who lived and experienced that event or era. Primary sources may include diaries, letters, photographs, films, negatives, scrapbooks, minutes, government and public documents, oral histories and interviews, records of organizations or societies, newspaper or periodical articles, and personal papers of individuals. These materials may be unpublished or published.

Common terms used to identify primary sources :

archives
manuscripts
papers
records

Using Primary Sources

Primary sources may be used in:

research papers presentations
films reports
books web sites
articles
exhibits

Fair Use and Primary Sources

The same rules apply to the use of primary unpublished and published sources as published sources. Follow the fair use guidelines to determine if your intended use qualifies as fair use. (link to fair use checklist)

Copyright and Primary Sources

Copyright law dictates specific limits for unpublished and published primary sources. http://www.unc.edu/~unclng/public-d.htm

• Publication is not necessary for copyright protection.
• Photographs, films, oral histories, artwork, architectural drawings, and a variety of other formats are all protected by copyright.
• Primary sources may also be governed by donor restrictions.

Length of Copyright for Unpublished Primary Sources

Example: Diary of a farm wife, never published, created in 1875.

According to copyright law, the diary is protected for the life of the farm wife plus 70 years or 12-31-2002, whichever is greater. If you know that the farm wife died in 1930, then the diary is protected for life plus 70, meaning that the copyright would expire in 2000, but since 12-31-2002 is greater than life plus 70, the copyright expired in 2002. After this date, you may use any portion of the diary or even publish it in its entirety.

Example: Letter of Vietnam soldier, never published, created in 1970

According to copyright law, the letter is protected for the life of the soldier plus 70 years or 12-31-2002, whichever is greater. If you know that the soldier is still alive in 2005, then you may not use the letter without gaining permission from the soldier.

Length of Copyright for Published Primary Sources

If a primary source has been published in a book or in an article, you will need to establish its copyright as an individual item before you use it in another publication. http://www.unc.edu/~unclng/public-d.htm

Just because a primary source is published doesn’t mean it is in the public domain.

Photographs, Films, Oral Histories, Artwork, etc.

Primary sources are found in a variety of formats and mediums. The same copyright laws apply to all. However, there are specific restrictions and definitions related to these items due to their format that may affect copyright. This is especially true with new technologies.

Donor Restrictions

Donors sometimes place restrictions on their papers, even if they have donated them to an archives to be opened for research. Donors may retain literary copyright in their materials or they may sign this copyright over to the archives or they may assign it to the public or place it in the public domain.

Examples:

If the soldier donated his letters to the archives, but retained the copyright, then you must get permission from the soldier.

If the soldier donated his letters to the archives and signed over copyright to the archives, then you must get permission from the archives to use the letter.

If the soldier donated his letters to the archives and assigned copyright to the public, then you can use them without permission.

Important Note

The archives will inform you of any copyright restrictions on materials they hold. It is up to you to get permission from the donor/copyright holder.

FAQ

I am writing a research paper on the Wright Brothers. I would like to use photographs from the collection in the archives in my paper. Can I?

Yes. If you are writing a paper for a class, you may obtain scans of the photos from the archives and insert them into your paper. You will need to properly cite where you obtained the photographs, but this is fair use.

Can I take a Wright Brothers photograph and print it on a t-shirt and sell it for my college club fundraiser?

No. While the Wright Brothers photographs are in the public domain, they are licensed by the Wright Family and may not be used for a commercial venture without permission.

I am doing a presentation on women’s suffrage for a history class. I found a letter in the archives that I would like to read as part of my presentation. May I read from the letter?

Yes, you may. This is fair use.

I am publishing a book on the 1913 Dayton flood. How do I get permission to use the photographs I found in the archives?

Ask the archivist about obtaining permission to use the photographs. The archivist will inform you of any copyright restrictions and be able to provide you with the information you need to get permission to use the photos if necessary.

I found an oral history of a holocaust survivor in the archives. I want to use it in a class presentation. Can I?

Oral histories are protected by copyright, too. Ask the archivist if permission was granted by the person who was interviewed for their oral history to be used for research and/or publication. Oral history projects require releases from subjects interviewed. The archivist can tell you if permission was granted and if you can use the interview.

Summary

Primary sources are a rich source of information and can be used in a variety of ways. If you do research in an archives, make sure you read all of the supporting documentation for the collection you are using. The archivists prepare this supporting documentation in the form of finding aids or inventories that include copyright information and donor restrictions. If in doubt about whether you can or can’t use a primary source, ask the archivist!

Bibliography

Cogswell, Robert. Roy M. Mersky, General Editor. Copyright Law for Unpublished Manuscripts and Archival Collections. A Law Library Information Report, Vol. 14 Glanville Publications, 1992.

Crews, Kenneth D. Copyright Essentials for Librarians and Educators. Chicago and London: American Library Association, 2000.

Padfield, Tim. Copyright for Archivists and Users of Archives. London: Facet Publishing, 2004.