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  • 1.  Copyright laws and yearbooks

    Posted 08-26-2022 10:44 AM
    Hello all, 

    I am hoping someone can provide me with some information on copyright laws concerning yearbooks. A local, school-affiliated non-profit had the idea to digitize their yearbooks and then sell printed reproduced copies as a fundraising effort for their organization. I am wondering the legality of this. I have heard that yearbooks published before March 1, 1989 are no longer protected under copyright laws, but I don't know how true this is. Furthermore, (assuming reproduction is legal) would there be any legal restrictions on how the profits from the sale are utilized? 

    Thanks for the help! 


    ------------------------------
    Cherish Thomas Danne
    Florence County Museum
    Florence, South Carolina
    All views and opinions expressed are my own and do not necessarily reflect those of my employer
    ------------------------------
    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 2.  RE: Copyright laws and yearbooks

    Posted 08-29-2022 10:36 AM
    Edited by Allen West 08-29-2022 12:58 PM
    Hi Cherish,

    This is a complicated question unfortunately. First off, I'm not a lawyer, just study this stuff as a hobby. I would take the pre-1989 statement as unreliable as copyrights could have been submitted outside of publishing. Though, if there is no copyright notice in the book, anything pre 1977 should be fine. Look carefully, they may be very small. Anything pre 1923 is totally safe if you're in the United States.

    That aside, when schools produce yearbooks, they use contracts with the photography company and the students. So, each instance is technically unique. Those contracts could easily hold over fair use you may rely on. 

    If there were no contracts, that may be worse as now the school, the students/teachers/etc., and the photographer may claim interest and could sue (date dependent).

    Lastly, none of this (unless specified in the original contracts) would alter your profits so if you can publish, the money can go where you like.

    Edit: Found this link, which has more specific details. Plus, some interesting opinions/anecdotal evidence. doug-johnson.squarespace.com/blue-skunk-blog/2018/2/1/putting-old-yearbooks-online-just-do-it

    Best luck

    ------------------------------
    Allen West
    Project Technician
    The Fabric Workshop and Museum
    Philadelphia PA
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 3.  RE: Copyright laws and yearbooks

    Posted 08-30-2022 09:34 AM
    Thank you! I hadn't thought about contracts.

    ------------------------------
    Cherish Thomas Danne
    Florence County Museum
    Florence, South Carolina
    All views and opinions expressed are my own and do not necessarily reflect those of my employer
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 4.  RE: Copyright laws and yearbooks

    Posted 08-29-2022 06:39 PM
    Hi Cherish,

    There are a host of legal issues to consider, of which copyright is only one. It's possible student privacy and other state/federal laws could come into play, depending on the content of the yearbooks and the circumstances of their creation.

    I'm linking to an open access article that April Anderson-Zorn and I wrote on this topic last year:
    Digitize Your Yearbooks: Creating Digital Access While Considering Student Privacy and Other Legal Issues

    Hopefully that is helpful to you.

    Best,
    Dallas Long
    Dean of Libraries / Copyright Officer
    Illinois State University



    ------------------------------
    Dallas Long PhD
    Dean of Libraries
    Milner Library Illinois State University
    Normal IL
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 5.  RE: Copyright laws and yearbooks

    Posted 08-30-2022 09:38 AM
    Thank you for the information! Two of the schools represented within non-profit are now defunct, which further complicates matters because there is no official entity to which they can appeal to or obtain permissions.

    ------------------------------
    Cherish Thomas Danne
    Florence County Museum
    Florence, South Carolina
    All views and opinions expressed are my own and do not necessarily reflect those of my employer
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 6.  RE: Copyright laws and yearbooks

    Posted 08-30-2022 09:39 AM
    This is not legal advice, but here are some points:

    1.  The 1989 date you are referring to is probably the date the US adopted the International Berne Convention that did away the need for certain formalities.  
    2.  Just because there is no copyright notice (it depends on dates) doesn't mean the work is in the public domain. However, it may allow you to claim reduced statutory damages as an "innocent infringer."
    3.  The Copyright Office has lists of "registered" copyrights and to some extent assignments, etc. - However, a copyright exists as soon as the author reduces the protectible expression to a tangible medium.  
    Copyright is a very nuanced and complicated area.  I urge you to speak with an experienced copyright lawyer for specifics.

    Mike

    ATTORNEY ADVERTISING/NOT LEGAL ADVICE

    ------------------------------
    Michael Oropallo JD
    Attorney
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 7.  RE: Copyright laws and yearbooks

    Posted 08-30-2022 10:13 AM
    There is a website that is already offering (for a fee) many yearbooks.  https://www.classmates.com/yearbooks/
    You can review or purchase.   They are doing it somehow.

    ------------------------------
    James McCormick
    Chairman
    The Aviation Museum of Kentucky
    Lexington KY
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 8.  RE: Copyright laws and yearbooks

    Posted 08-30-2022 10:56 AM
    Yes! I'm familiar with this website, and I also wonder how they are operating legally. I've seen yearbooks on this website range from the 1910s to the 2010s.

    ------------------------------
    Cherish Thomas Danne
    Florence County Museum
    Florence, South Carolina
    All views and opinions expressed are my own and do not necessarily reflect those of my employer
    ------------------------------

    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more


  • 9.  RE: Copyright laws and yearbooks

    Posted 08-31-2022 02:41 PM
    Edited by Michael Konshak 08-31-2022 02:51 PM
    I am a preservationist, and part of my mission at the International Slide Rule Museum (virtual at this point unless some of you want to host the collection) is to search out images of slide rules used by persons. One abundant resource is college yearbooks from 1920 through 1972. I have harvested hundreds of photos of students using, or pages depicting, slide rules in math, engineering, and physics. I can't tell you how many hours were wasted going page-by-page through 500-page yearbooks searching for an elusive image. They end up in the People with Slides rule gallery. https://sliderulemuseum.com/People.htm. There are other pages dedicated to ephemera (magazines and newspapers). We try and honor the people that used slide rules, as their accomplishments are more important than the tool itself.

    Since slide rules went the way of the buggy whip in 1972, when most manufacturing ceased (i.e., caused by the invention of electronic slide rule calculators from TI and HP), 50 years have gone by, which is the extent of most copyrights unless the original author has renewed them. We are not talking about significant literary works when it comes to yearbooks. Regarding copyrights from photos, the student yearbook staff produced almost all yearbook photos and content. Always interesting as to what they found most important to capture for future memories.  Public Law 102-307, enacted on June 26, 1992, amended the copyright law to make renewal automatic and renewal registration optional for works originally copyrighted between January 1, 1964, and December 31, 1977. There was an amendment pushed by the movie and music people that extended the copyright for works published between 1964-1977 to 95 years. Before 1964, everything is now public domain unless actively renewed.

    As a 501(c)(3) non-profit corporation, you can get away with copying and scanning materials used for educational purposes. The wholesale publishing of a reprinted book is more complicated, especially when royalties are now involved. Case in point, I have published a series of thirty 550-page volumes containing slide rule instruction manuals and textbooks, in 7 languages, from the ISRM library archives, some as old as 1872 through 1972. This is to provide hardcopy books, in paperback or hardcover, that someone can handle since the originals are becoming too fragile and are now considered in the public domain. There is no one left to ask permission, and for those few companies still around (in Europe and Japan), they have all given verbal permission to reprint their materials.  Amazon Kindle Direct Publishing has made it possible to publish books on demand, making it easy for authors to publish independently. I aim to get these volumes into major universities, museums, and libraries for future reference. Not everyone likes digital books. See ISRM Slide Rule Instructions Library on Amazon.

    On a reprinted book where the royalty is only $2-$5 per sale, and your market is only a couple of hundred interested alumni, there is very little profit that anyone will get upset about. In essence, it will be a work of love because of the time spent scanning, weeding, reorienting, and post-processing the scans for each page. will not compensate you for the time spent. Wish them good luck for me. It will be a fun undertaking for the school.

    Oh, and if you print-on-demand, if a past student objects to their class photo being there, you can blot out that image and upload the revised file. 

    ------------------------------
    Michael Konshak
    Curator
    Louisville CO
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    AAM Annual Meeting & MuseumExpo, Baltimore, May 16-19, 2024, click to learn more