Keywords; federal government, agency, public domain, signed contract, copyright, officers, employees, official duties, protected,federal statutes, the Copyright Act, regulations,Uncopyrightable works.
COPYRIGHT ANSWERS

July 1997 Issue


J. Dianne Brinson is a copyright attorney specializing in intellectual property. Along with Mark F. Radcliffe, she is co-author of The Multimedia Law and Business Handbook ($74.95 plus $4 p&h), LADERA PRESS, 3130 Alpine Rd., Suite 200-9002, Menlo Park CA 94025. On-line she may be reached at laderapres@aol.com

Uncopyrightable Photos

If you have produced photographs for a federal government agency, they become public domain, unless other arrangements have been made in a signed contract that you own the copyright. Works prepared by federal government officers and employees as part of their official duties are not protected by copyright. Consequently, federal statutes (the Copyright Act, for example) and regulations are not protected by copyright. This rule does not apply to works created by state government officers and employees.

The design of a useful article is protected by copyright only if, and to the extent that, the design "incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of, the utilitarian aspects of the article." For example, while a "normal" belt buckle is not protected, a three-dimensional belt-buckle design with a dolphin shape qualifies for limited protection.

Uncopyrightable works and works for which copyright protection has ended are referred to as "public domain" works and can be copied by the genera public.


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