DEFINITION
An identification of the individual or group that holds
the rights to use, exhibit, or reproduce a work, along with
an indication of any existing restrictions on its reproduction,
exhibition, or use.
SUBCATEGORIES
GENERAL DISCUSSION
This category refers to the copyright of the work. Copyright
is a broad concept that includes both "moral rights assigned
to the author and his successors to prevent the distortion
of his work and to assure that he is identified as the author
of the work,"[1]
and " 'a bundle of rights,' including the right to copy, the
right to distribute, the right to display or perform, and
the right to create derivative works."[2]
These rights may be held by a work's creator, its owner, a
repository, or by a third party to whom the creator or owner
assigned the rights.
Note: This category refers to copyright of
the work itself, not to the copyright for photographs or other
images of the work, which is a separate issue regarding
the rights of the owner or creator of the photograph.
Copyright and other restrictions for a work can be complex,
and can relate to all aspects of the work's display and reproduction.
Copyright arises automatically once an original effort has
been started and some aspect of it has been fixed in a tangible
medium (including media on a computer); a work is copyrighted
whether or not it is actually registered with the Copyright
Office or displayed with a copyright statement. Copyright
is affected by various issues, including Fair Use,
which has to do with the partial or limited reproduction of
another's work that is permitted under the fair use doctrine;
this doctrine may allow use that advances public interests
such as education or scholarship. Another important issue
is that expressions, not ideas, are protected by copyright;
however, the idea may be protected by trade secret or patent
laws. Although copyright laws vary from country to country,
generally the duration of copyright for the work itself is
70-75 years after the death of the artist. Note that copyright
term extensions may be in place. Copyright is a personal property
right, in the United States subject to the various state laws
and regulations that govern the ownership, inheritance, or
transfer of personal property, in addition to terms that govern
contracts.
The copyright of a work of art or architecture may be held
by a third party, who is neither the creator nor the owner
of the work itself. This is particularly true with contemporary
works of art, where the copyright may have been sold to an
agency. There are also artists' collectives, such as CAR (Canadian
Artists' Representation/Front des artistes canadiens), that
administer copyright and broker permissions to reproduce works
of art. When a work is created as part of the artist's employment,
the employer probably owns the copyright.
Note that repositories and other owners of works who are
not the creators may have rights governing the reproduction
or other uses of the work under various laws, including copyright,
trademark, contract, or privacy and publicity law.
Researchers are interested in copyright and restrictions
information because they often need to know if a work is in
the public domain or who must be solicited for permission
before a work may be reproduced.
RELATED CATEGORIES and ACCESS
Record the copyright of a photograph or other image of the
work in the RELATED VISUAL DOCUMENTATION categories. When
the rights holder is the owner of the work or the person or
institution that has or had physical custody of it, their
names should also be recorded in CURRENT LOCATION and OWNERSHIP/COLLECTING
HISTORY. Copyright and restrictions are associated with people
and organizations, but often access to information about the
dates of copyrights and restrictions is also important to
the researcher.
22.1. Copyright Statement
DEFINITION
A formal statement of the copyright of a work, and/or any
restrictions placed on it, including licensing information.
EXAMPLES
- Copyright © 1981 The Ansel Adams Publishing
Rights Trust
- Copyright © 1957 Richard Avedon Inc. All rights reserved.
- © 1981 Arizona Board of Regents, Center for Creative
Photography
- © 1995 The Metropolitan Museum of Art. All rights
reserved
- Restricted Loans List
DISCUSSION and GUIDELINES
Optional: Record the copyright statement or
restrictions information for the work in an accessible, concise,
and easily understandable form. Include information about licensing, if pertinent.
Form and syntax
Transcribe the statement verbatim as expressed by the copyright
holder, using syntax, capitalization, and punctuation as indicated
in the original statement.
Alternatively, if you are composing a new statement, the
following syntax is recommended: The word "copyright"
(optional) followed by the copyright symbol (a "c"
in a circle, ©), the first year when the work was covered
by copyright, and the name of the copyright holder (e.g.,
© 2003 Marcus M. Moroniani. All rights reserved).
If the year of first copyright is not known, it may be omitted
from the statement (e.g., Copyright © Chuck Close).
TERMINOLOGY/FORMAT
Free-text: This is not a controlled field;
however, consistent format and syntax is recommended within
each repository. If you are transcribing statements from other
institutions, copyright statements should be transcribed verbatim.
Index the personal and corporate names and dates in the categories
discussed below.
22.2. Copyright Holder Name
DEFINITION
The name of the individual or group that holds the copyright
to the work.
EXAMPLES
Life Magazine
Warhol Foundation
Sternfeld, Joel
Close, Chuck
Museum of Modern Art
Soprintendenza per i Beni Artistici e Storici di Modena
e Reggio Emilia
DISCUSSION and GUIDELINES
Optional: Record the name of the individual
or corporate body that holds the copyright or is in control
of other restrictions for the work.
Form and syntax
Ideally, this should be a link to the PERSON/CORPORATE BODY
AUTHORITY, where a full record containing the person's or
corporate body's variant names and biographical information
will be stored and available for retrieval.See the PERSON/CORPORATE
BODY AUTHORITY for guidelines in constructing personal and
corporate names.
TERMINOLOGY/FORMAT
Authority: Control this subcategory with the
PERSON/CORPORATE BODY AUTHORITY, which can be populated from
the controlled vocabularies named below. An authority with
hierarchical structure, cross referencing, and synonymous
names is recommended.
Published sources of vocabulary and biographical information
include the following: LC Name Authorities, ULAN, Canadiana_Authorities,
and Yale British Artists. For names not found in these sources,
consult the PERSON/CORPORATE BODY AUTHORITY or the AACR for
general guidelines regarding the formatting of names.
22.3. Copyright Place
DEFINITION
The place where the individual or group that holds the copyright
or placed the restrictions on a work resides or is active.
EXAMPLES
New York (New York, USA)
London (England, United Kingdom)
Toronto (Ontario, Canada)
Tokyo (Kanto region, Japan)
Berlin (Germany)
511 Warburton Avenue (Yonkers, New York, New York, USA)
DISCUSSION and GUIDELINES
Optional: Record the name of the place that
is the residence or location of the copyright holder or other
person or corporate body in control of restrictions. The location
may be unknown or uncertain; it may be known at various levels
of specificity.
Form and syntax
For guidelines regarding the syntax and format of place names,
see the CURRENT LOCATION category and the PLACE/LOCATION AUTHORITY.
Note that an individual person may have more than one residence,
and corporate bodies may have multiple places of business.
In such cases, record either the holder's principal residence
or a corporate body's head office, or index all possible locations
where the work may have been located while under the care
of this rights holder.
While it is not always possible to establish specifically
where a work was held, location should be recorded as precisely
as possible. Places could be identified as specifically as
the name of a particular building or street address.
TERMINOLOGY/FORMAT
Authority: Control this subcategory with the
PLACE/LOCATION AUTHORITY, which can be populated with terminology
from the controlled vocabularies named below. An authority
with hierarchical structure, cross referencing, and synonymous
names is recommended.
Populate the PLACE/LOCATION AUTHORITY with names from the
following published sources, and others as necessary: TGN,
NGA (NIMA) and USGS, Canadiana_Authorities, LC Name Authorities
and LCSH.
22.4. Copyright Date
DEFINITION
The date or range of dates when the copyright to a work is
held by a particular individual or group.
EXAMPLES
1950
1918-1968
1993
until 1 January 2030
unknown
DISCUSSION and GUIDELINES
Optional: Record a year, a span of years, or
a phrase that describes the specific or approximate dates
associated with the copyright of the work. Include nuance
and expressions of uncertainty, as necessary.
Form and syntax
Follow rules for display dates in CREATION - CREATION DATE.
Dates should be recorded as specifically as possible. In
some cases, only approximate dates may be known. If a work
was once in copyright but is now in the public domain, record
a range of dates for the period that it was protected by copyright.
If the period of time is unknown, indicate this through expressions
of uncertainty (e.g., probably) or by using the term
unknown; however, index EARLIEST and LATEST DATES with
an estimated span of dates in any case.
TERMINOLOGY/FORMAT
Free-text: This is not a controlled field.
Maintain consistent capitalization, punctuation, and syntax
where possible. Index the dates in the controlled EARLIEST
and LATEST DATE subcategories.
22.4.1. Earliest Date
DEFINITION
The earliest possible date when the copyright was held by
a particular individual or group.
EXAMPLES
1918
1984
1971-01-01
DISCUSSION and GUIDELINES
Optional: Record the earliest year when the
copyright or other restriction was in effect, as indicated
in the COPYRIGHT/RESTRICTIONS - DATE.
Form and syntax
Always record years in the proleptic Gregorian calendar in
the indexing dates fields. When recording the day and month,
use the following syntax: YYYY-MM-DD (year, month, day, separated
by dashes), if possible. (The standards suggest alternate
possibilities: you may use an alternative syntax if you are
consistent and it is compliant with the standards.) It is
optional to record EARLIEST DATE; however, if you record a
value here, you must also record LATEST DATE. For additional
rules, see CREATION - CREATION DATE - EARLIEST DATE.
TERMINOLOGY/FORMAT
Controlled format: Date information must be
formatted consistently to allow retrieval. Local rules should
be in place. Suggested formats are available in the ISO Standard
and W3 XML Schema Part 2.
ISO 8601:2004 Representation of dates and times. International
Organization for Standardization. Data Elements and Interchange
Formats. Information Interchange. Representation of Dates
and Times. Geneva, Switzerland: International Organization
for Standardization, 2004.
XML Schema Part 2: Datatypes, 2001. www.w3.org/TR/xmlschema-2/.
22.4.2. Latest Date
DEFINITION
The earliest possible date when the copyright was held by
a particular individual or group.
EXAMPLES
1968
2084
2030-01-01
DISCUSSION and GUIDELINES
Optional: Record the latest year when the copyright
or other restriction was in effect, as indicated in the COPYRIGHT/RESTRICTIONS
- DATE.
Form and syntax
Always record years in the proleptic Gregorian calendar in
the indexing dates fields. When recording the day and month,
use the following syntax: YYYY-MM-DD (year, month, day, separated
by dashes), if possible. (The standards suggest alternate
possibilities: you may use an alternative syntax if you are
consistent and it is compliant with the standards.) It is
optional to record LATEST DATE; however, if you record a value
here, you must also record EARLIEST DATE. For additional rules,
see CREATION - CREATION DATE - LATEST DATE.
TERMINOLOGY/FORMAT
Controlled format: Date information must be
formatted consistently to allow retrieval. Local rules should
be in place. Suggested formats are available in the ISO Standard
and W3 XML Schema Part 2.
ISO 8601:2004 Representation of dates and times. International
Organization for Standardization. Data Elements and Interchange
Formats. Information Interchange. Representation of Dates
and Times. Geneva, Switzerland: International Organization
for Standardization, 2004.
XML Schema Part 2: Datatypes, 2001. www.w3.org/TR/xmlschema-2/.
22.5. Remarks
DEFINITION
Additional notes or comments pertinent to information in
this category.
DISCUSSION and GUIDELINES
Optional: Record a note containing additional
information related to this category. Use consistent syntax
and format. For rules regarding writing notes, see DESCRIPTIVE
NOTE.
FORMAT/TERMINOLOGY
Free-text: This is not a controlled field.
Use consistent syntax and format.
22.6. Citations
DEFINITION
A reference to a bibliographic source, unpublished document,
or individual opinion that provides the basis for the information
recorded in this category.
DISCUSSION and GUIDELINES
Optional: Record the source used for information
in this category. For a full set of rules for CITATIONS, see
RELATED TEXTUAL REFERENCES - CITATIONS.
TERMINOLOGY/FORMAT
Authority: Ideally, this information is controlled
by citations in the citations authority; see RELATED TEXTUAL
REFERENCES.
22.6.1. Page
DEFINITION
Page number, volume, date accessed for Web sites, and any
other information indicating where in the source the information
was found.
DISCUSSION and GUIDELINES
Optional: For a full set of rules for PAGE,
see RELATED TEXTUAL REFERENCES - CITATIONS - PAGE.
FORMAT/TERMINOLOGY
Free-text: This is not a controlled field.
Use consistent syntax and format.
EXAMPLES
Copyright statement: Copyright ©1998 Kate
Rothko Prizel and Christopher Rothko
[including indexing fields] [3]
Copyright statement: Copyright ©1975 Jerome
Bushyhead. All rights reserved.
Holder Name: Bushyhead, Jerome Place:
El Reno (Oklahoma, USA)
Date: from 1970 Earliest: 1970
Latest: 2070
Holder Name: Bushyhead, Mari Place:
El Reno (Oklahoma, USA)
Date: business manager, heir from 2000 Earliest:
2000 Latest: 2070
NOTE: The outline numbers are subject to change; they are
intended only to organize this document.
Revised 7 September 2019
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