[sac-board] Re: Fw: copyrighted or public domain of double star data base

  • From: "Joe Macke" <joe01@xxxxxxxxxxxx>
  • To: <sac-board@xxxxxxxxxxxxx>
  • Date: Thu, 13 Nov 2003 18:02:27 -0700

When the question of the copyright status of MIL-HDBK-141 came up, I did
some research and found this web site:

http://www.dtic.mil/cendi/publications/00-3copyright.html#214

Section 2 has the answers to a couple of questions that have arisen.
Specifically, quoting the web site:

    2.1.1  What is copyright?

Copyright is a form of protection provided by the laws of the United States
(Title 17 of the United States Code (17 USC - Copyrights20) to the authors
of original works of authorship including literary, dramatic, musical,
artistic, and certain other intellectual works. (See also Title 37 Code of
Federal Regulations (37 CFR, Chapter II)21, which implements this statute.)
Copyright protection arises automatically once an original work of
authorship is fixed in a tangible medium of expression, now known or later
developed; e.g., written, filmed, recorded. It does not require that a
copyright notice be placed on the work, that the work be published, or that
the work be deposited or registered with the Copyright Office or any other
body.

and

    2.1.4  Can facts, databases and compilations be copyrighted?

Facts cannot be copyrighted. However, the creative selection, coordination
and arrangement of information and materials forming a database or
compilation may be protected by copyright. Note, however, that the copyright
protection only extends to the creative aspect, not to the facts contained
in the database or compilation.

Because I'm not sure when the database(s) was/were created:

    2.1.6  How long does copyright last?

Under current Copyright Law, the copyright term for works created by
individuals on or after January 1, 1978, is the life of the author plus 70
years. For "works made for hire," the copyright term is 95 years from the
date of first publication or 120 years from the date of its creation,
whichever is earliest. The copyright term for works created before January
1, 1978, is a complicated determination and may require help from your
General Counsel or the Copyright Office.

The current Copyright Law established dates at which Copyright protection
for unpublished works expires and those works pass into the public domain.
Unpublished works created prior to January 1, 1978, and not published, will
pass into the public domain 70 years after the author's death or at the end
of 2002, whichever is later. Unpublished works created prior to January 1,
1978, but which are published between then and the end of 2002, will pass
into the public domain 70 years after the author's death or at the end of
2047, whichever is later.

Additionally, all works published before 1923 are now in the public domain

So, it is copyrighted unless we say otherwise.

Joe


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