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Copyright Considerations in the University of Florida Retrospective Dissertation Scanning Project

University of Florida Institutional Repository
Permanent Link: http://ufdc.ufl.edu/IR00000920/00001

Material Information

Title: Copyright Considerations in the University of Florida Retrospective Dissertation Scanning Project
Series Title: 2012 USEDTA Annual Conference
Physical Description: Poster Presentation
Creator: Ross, Christine
Shorey, Christy
Publication Date: 2012

Notes

Abstract: The George A. Smathers Libraries at the University of Florida determined that dissertations that were microfilmed and/or deposited with the library with no express restrictions are considered "published" for copyright purposes. This decision was made based upon consultation with the University's General Counsel and in reference to a recently established community of practice that addresses the copyright status of dissertations that pre-date the effective date of the current Copyright Act. For purposes of the Retrospective Dissertation Scanning project, all other dissertations are treated as in-copyright and reasonable efforts are made to locate the author and secure permission for public dissemination. If the author cannot be located, the dissertation is treated as an "orphan work" and public notice and opportunity to op-out of digital dissemination is provided. This poster visually represents and describes how the copyright status of UF dissertations is determined according to the established community of practice and the steps taken once that status is determined.
Acquisition: Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Ross.
Exhibitions: Presented at the United States Electronic Thesis and Dissertation Association 2012 annual conference, June 13-15, 2012 in Quincy, Massachusetts

Record Information

Source Institution: University of Florida Institutional Repository
Holding Location: University of Florida
Rights Management: All rights reserved by the submitter.
System ID: IR00000920:00001

Permanent Link: http://ufdc.ufl.edu/IR00000920/00001

Material Information

Title: Copyright Considerations in the University of Florida Retrospective Dissertation Scanning Project
Series Title: 2012 USEDTA Annual Conference
Physical Description: Poster Presentation
Creator: Ross, Christine
Shorey, Christy
Publication Date: 2012

Notes

Abstract: The George A. Smathers Libraries at the University of Florida determined that dissertations that were microfilmed and/or deposited with the library with no express restrictions are considered "published" for copyright purposes. This decision was made based upon consultation with the University's General Counsel and in reference to a recently established community of practice that addresses the copyright status of dissertations that pre-date the effective date of the current Copyright Act. For purposes of the Retrospective Dissertation Scanning project, all other dissertations are treated as in-copyright and reasonable efforts are made to locate the author and secure permission for public dissemination. If the author cannot be located, the dissertation is treated as an "orphan work" and public notice and opportunity to op-out of digital dissemination is provided. This poster visually represents and describes how the copyright status of UF dissertations is determined according to the established community of practice and the steps taken once that status is determined.
Acquisition: Collected for University of Florida's Institutional Repository by the UFIR Self-Submittal tool. Submitted by Christine Ross.
Exhibitions: Presented at the United States Electronic Thesis and Dissertation Association 2012 annual conference, June 13-15, 2012 in Quincy, Massachusetts

Record Information

Source Institution: University of Florida Institutional Repository
Holding Location: University of Florida
Rights Management: All rights reserved by the submitter.
System ID: IR00000920:00001


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Presented by Christine Ross and Christy Shorey Prior to enactment of the Copyright Act in 1978, federal copyright protection, along with its requirements of registration and notice, only applied to published works; unpublished works were subject to common law copyright protection, which had no registration and notice requirement. As of the 1978 Copyright Act, unpublished works are subject to the same requirements and copyright terms as published works. In order to determine the copyright status of pre-1978 dissertations, then, one must decide whether dissertations were considered published or unpublished works under the former copyright law (Copyright Act of 1909). According to a new study by Gail Clement and Melissa Levine, the community of practice shows that dissertations deposited with a library or disseminated on microfilm were considered published.** The University of Florida, relying upon the strength and validity of this research, treats dissertations authored before Jan. 1, 1978, as published works subject to the pre-1978 law requirements of notice and renewal. **Clement, Gail and Melissa Levine. “Cop yright and Publication Status of Pre-1978 Dissertations: A Content Anal ysis Approach,” portal: Libraries and the Academy 11, No. 3 (2011): 813-829. DETERMINATION OF COPYRIGHT STATUS UNDER THE UNIVERSITY OF FLORIDA RETROSPECTIVE DISSERATION SCANNING POLICY In-Copyright If published on or after January 1, 1978 If published between January 1, 1964—December 31, 1977 with a copyright mark If published between January 1, 1950—December 31, 1963 with a renewal of copyright Out-of-Copyright If published before January 1, 1923 If published before January 1, 1978 without inclusion of a copyright notice or mark If published between January 1, 1923 –December 31, 1949 without renewal of copyright UF Dissertation Tracking Form N P Dissertations deemed in-copyright: Diligent efforts made to locate copyright holder and provide notice of Libraries’ intent to digitize and make publicly available. If contact information cannot be found through diligent efforts, public notice posted on special RDS web site for 90 days (see image at right) Dissertations deemed out-of-copyright: Digitized and made available online for public access. If take-down request received from copyright holder and/ or initial copyright status determination is erroneous, public access will be removed.