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63-616: The Clare Range was circumnavigated in 1957 by the New Zealand Northern Survey Party of the Commonwealth Trans-Antarctic Expedition (CTAE; 1956–58), and named by them after Clare College, Cambridge , England. Download coordinates as: The Clare Range runs in an east-northeast direction to the south of the Frazier Glacier and Mackay Glacier . The Willett Range is to its east. The head of

126-424: A find of springtail insects at this location. 77°15′54″S 160°56′47″E  /  77.265108°S 160.946302°E  / -77.265108; 160.946302 A steep bluff rising to 1,750 metres (5,740 ft) high and extending west–east for 1 nautical mile (1.9 km; 1.2 mi) at the southeast end of Parker Mesa, Clare Range, Victoria Land. The elevation drops to 1,350 metres (4,430 ft) high at

189-536: A government-published set of Presidential proclamations. Section 7 of the Copyright Act of 1909 (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist ... in any publication of the United States Government, or any reprint, in whole or in part, thereof ..." Section 7 also contained a "savings clause", which stated that "The publication or republication by

252-569: A matter of public policy. But other material prepared for State Governments by their employees, notably the headnotes, syllabi, annotations, etc. prepared by court reporters, had been held copyrightable on behalf of the States. The Copyright Act of 1909 was the first copyright statute to address government publications. Section 7 of the Act (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist   ... in any publication of

315-499: A state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law. For example, the constitution and laws of Florida have placed its government's works in the public domain. Unorganized territories (such as American Samoa and the former Trust Territory of the Pacific Islands ) are treated, for copyright purposes, as

378-486: A very windy place, which made work outdoors unpleasant. All stores lying in the snow tended to get buried and there was a constant danger of them getting lost. They managed to take a number of journeys to collect seals for the dogs and to scout a route to the south. They used dogs and the Weasel tractor , and four Tucker Sno-Cats . In December 1956, Fuchs returned on Danish Polar vessel Magga Dan with additional supplies, and

441-408: Is not required to assert claim to copyright. Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare derivative works , distribute, perform and display the copyrighted work. For computer software produced under FAR contract, the scope of the government's license does not include

504-466: Is printed", with the proviso "that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted". The provision in the Printing Act concerning copyright of government works was probably the result of the "Richardson Affair" , which involved an effort in the late 1890s by Representative James D. Richardson (1843–1914) to privately copyright

567-432: Is published or republished commercially, it has frequently been the practice to add some "new matter" in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use. "To make the notice meaningful rather than misleading", section 403 of

630-494: The Copyright Act of 1976 , such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain . This act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries. Publication of an otherwise protected work by the U.S. government does not put that work in

693-675: The Department of Commerce under the Standard Reference Data Act. National Defense Authorization Act (NDAA), FY2020, granted civilian members of the faculty at twelve federal government institutions the authority to retain and own copyright of works produced in the course of employment for publication by a scholarly press or journal. The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by

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756-535: The United States Postal Service are typically subject to normal copyright. Most USPS materials, artwork, and design and all postage stamps as of January 1, 1978, or after are subject to copyright laws. Works of the former United States Post Office Department are in the public domain (due to its former position as a cabinet department). 15 U.S.C.   § 290e authorizes U.S. Secretary of Commerce to secure copyright for works produced by

819-676: The Webb Glacier and Victoria Upper Névé separate it from the Cruzen Range to the south. The eastern part of the range is north of the Saint Johns Range and Cotton Glacier . Named features, from southwest to northeast, include Vishniac Peak, Skew Peak, Parker Mesa, Dykes Peak, Heaphy Spur, Detour Nunatak and Sperm Bluff. 77°14′S 160°31′E  /  77.233°S 160.517°E  / -77.233; 160.517 . A peak 2,280 metres (7,480 ft) high which rises just north of

882-567: The military may differ significantly from civilian agency contracts. Civilian agencies and NASA are guided by the Federal Acquisition Regulations (FAR). There are a number of FAR provisions that can affect the ownership of the copyright. FAR Subpart 27.4—Rights in Data and Copyright provides copyright guidance for the civilian agencies and NASA. Additionally, some agencies may have their own FAR Supplements that they follow. Under

945-454: The 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice", resulting, absent the application of some exception, in the loss of copyright protection. The Berne Convention Implementation Act of 1988 amended

1008-609: The Antarctic continent from Shackleton Base via the Pole to Scott Base, following roughly the same route as Fuchs' overland party. Copyright status of works by the federal government of the United States A work of the United States government is defined by the United States copyright law , as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of

1071-626: The British team were separately based at Halley Bay . Fuchs was knighted for his accomplishment. The second overland crossing of the continent did not occur until 1981, during the Transglobe Expedition led by Ranulph Fiennes . Preparations began in London in 1955. Over the austral summer of 1955 to 1956, Fuchs sailed with an advance party from London to Antarctica in the Canadian sealer Theron , with

1134-745: The CTAE was a private venture, though it was supported by the governments of the United Kingdom, New Zealand, United States, Australia and South Africa, as well as many corporate and individual donations, under the patronage of Queen Elizabeth II . It was headed by British explorer Vivian Fuchs , with New Zealander Sir Edmund Hillary leading the New Zealand Ross Sea Support team. The New Zealand party included scientists participating in International Geophysical Year research while

1197-565: The Clare Range. So named in 1957 by the Northern Survey Party of the CTAE (1956-58) because the summit is notably asymmetrical from all directions. 77°10′S 160°42′E  /  77.167°S 160.700°E  / -77.167; 160.700 . A rock point 3 nautical miles (5.6 km; 3.5 mi) north of Skew Peak in the Clare Range, Victoria Land. So named by Heinz Janetschek, biologist at McMurdo Station (1961-62), because of

1260-474: The Copyright Act that now govern U.S. Government work were enacted in 1976 as part of the Copyright Act of 1976 . The House Report to the enacted legislation stated that "the basic premise of section 105 of the bill is the same" as section 8 of the former title 17. Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works. In essence, such works would be denied copyright protection unless

1323-477: The FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR Supplement, a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in

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1386-464: The Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor." The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted "for

1449-595: The National Science Foundation’s Office of Polar Programs, 1994--2003; United States representative to the SCAR Committee for Environmental Protection and Vice Chair of the Committee for two terms. 77°14′S 161°15′E  /  77.233°S 161.250°E  / -77.233; 161.250 . A prominent, curved, rock spur, 4 nautical miles (7.4 km; 4.6 mi) long, which descends from

1512-526: The South Pole, but when he had completed laying supply depots he saw the opportunity to beat the British and continued south, reaching the Pole—where the U.S. Amundsen–Scott South Pole Station had recently been established by air—on 3 January 1958. Hillary's party was just the third—preceded by Roald Amundsen in 1911 and Robert Falcon Scott in 1912—to reach the Pole overland. Hillary's arrival also marked

1575-493: The State. Such copyrights for the benefit of the State were sustained by the courts. Two cases before 1895 may also be noted with regard to the question of the rights of individual authors (or their successors) in material prepared for, or acquired by, the United States Government. In Heine v. Appleton , an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry's expedition, since

1638-520: The U.S. government. Their works therefore fall under § 105 and lack copyright protection. Certain works, particularly logos and emblems of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency logo, name, and initialism are regulated under

1701-476: The United States Government, or any reprint, in whole or in part, thereof". Prior to the Printing Act of 1895, no statute governed copyright of U.S. government works. Court decisions had established that an employee of the Federal Government had no right to claim copyright in a work prepared by him for the Government. Other decisions had held that individuals could not have copyright in books consisting of

1764-475: The ability of microorganisms to withstand a hostile milieu. Doctor Vishniac fell to his death in the Asgard Range, upper Wright Valley, 20 nautical miles (37 km; 23 mi) south of this peak, on December 11, 1973. 77°13′S 160°42′E  /  77.217°S 160.700°E  / -77.217; 160.700 . A mountain, 2,535 metres (8,317 ft) high, just west of the head of Frazier Glacier, in

1827-434: The advance party, led by Ken Blaiklock , were left on the ice, having only tents and a packing crate as shelter. Most of the stores were left on the bay ice, some two miles (3.2 km) from the site of where the base was to be set up. Their first task was to get all these stores from the bay ice to the base and to try to build some permanent shelter for the oncoming winter. Once some food and paraffin had been brought up and

1890-399: The copies or phonorecords embodying any work or works protected under this title". Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law . The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to NASA and

1953-399: The dogs safely tethered by the base, the men started to build their hut. This proved to be far more difficult than had been envisaged – not only were the eight men insufficient in number to carry out the heavy tasks easily but the weather at Shackleton was colder and much windier than had been anticipated. When the skeleton of the hut was complete, the men positioned the crates containing

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2016-425: The drawings belonged to the Government. In Folsom v. Marsh , where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors, the purchase of the manuscripts by the United States Government was held not to affect the copyright. The contention of the defendant that the Government's ownership of the manuscripts made them available for publication by anyone

2079-588: The esteemed Joel David Ellis Watkins, —were responsible for route-finding and laying a line of supply depots up the Skelton Glacier and across the Polar Plateau on towards the South Pole, for the use of Fuchs on the final leg of his journey. Other members of Hillary's team carried out geological surveys around the Ross Sea and Victoria Land areas. It was not originally intended that Hillary would travel as far as

2142-444: The federal government purchased former U.S. President James Madison 's manuscripts from his widow, Dolley Madison , for $ 30,000. If this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer. Works by certain independent agencies, corporations and federal subsidiaries may not be considered "government works" and may, therefore, be copyrightable. For instance, material produced by

2205-522: The first time that land vehicles had ever reached the Pole. Fuchs' team reached the Pole from the opposite direction on 19 January 1958, where they met up with Hillary. Fuchs then continued overland, following the route that Hillary had laid, while Hillary flew back to Scott Base in a U.S. plane. He would later rejoin Fuchs by plane for part of the remaining overland journey. The overland party finally arrived at Scott Base on 2 March 1958, having completed

2268-1002: The foot of the bluff. Named by Advisory Committee on Antarctic Names (US-ACAN) (2005) after Bruce Franklin Molnia, United States Geological Survey (USGS) geologist who conducted seismic studies in the Southern Ocean and Antarctic marginal seas from R.V. Eltanin, 1965-66; Acting Executive Director of the Polar Research Board of the National Research Council, National Academy of Sciences, 1985-87; Chief, International Polar Programs, United States Geological Survey (USGS), 1987-2002; Research Geologist, United States Geological Survey (USGS), 2002-05. 77°15′S 160°55′E  /  77.250°S 160.917°E  / -77.250; 160.917 . A prominent snow covered mesa 4 nautical miles (7.4 km; 4.6 mi) southeast of Skew Peak, in

2331-471: The head of Webb Glacier and 3 nautical miles (5.6 km; 3.5 mi) southwest of Skew Peak. Mapped by USGS from surveys and United States Navy aerial photography, 1947-62. Named by US-ACAN for Wolf V. Vishniac (1922-73), professor of biology at the University of Rochester, New York, who made Antarctic studies (1971-72 and 1973) on the water absorption of soil particles and its microbiological significance, and

2394-603: The historic crossing of 3,473 kilometres (2,158 mi) of previously unexplored snow and ice in 99 days. A few days later the expedition members left Antarctica for New Zealand on the New Zealand naval ship Endeavour . The ship was captained by Captain Harry Kirkwood . Although large quantities of supplies were hauled overland, both parties were also equipped with light aircraft and made extensive use of air support for reconnaissance and supplies. Additional logistical help

2457-405: The law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection. Including the notice, however, does continue to confer certain benefits, notably in the challenging a defendant's claim of innocent infringement, where

2520-502: The nineteenth century much of the public printing for the States was done under contract by private publishers. The publisher would not bear the expense of printing and publishing, however, unless he could be given exclusive rights. To enable the State to give exclusive rights to a publisher, a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of

2583-563: The northeast extremity of Clare Range. Charted and named by the BrAE, 1910-13. When viewed from the east, the north face of the bluff suggests the blunt head of a sperm whale. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Geological Survey . Commonwealth Trans-Antarctic Expedition The Commonwealth Trans-Antarctic Expedition ( CTAE ) of 1955–1958

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2646-480: The performance of a contract and published in academic, technical or professional journals, symposia proceedings, or the like. The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract. However, if a contract includes Alternate IV of the clause, the Contracting Officer's approval

2709-417: The public domain. For example, government publications may include works copyrighted by a contractor or grantee; copyrighted material assigned to the U.S. Government; or copyrighted information from other sources. Further, the copyright status of works by subnational governments of the United States is governed by its own set of laws. The first Federal statute concerning copyright in government publications

2772-405: The public policy rule was copyrightable; and that the employee who prepared such material on his own could secure copyright therein. There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within the public policy rule. But the question did arise with respect to State Governments. In

2835-640: The purpose of establishing Shackleton Base near Vahsel Bay on the Weddell Sea , from which the trans-Antarctic expedition would begin. The Theron , like its immediate forebear, the Endurance , was trapped in the ice. Despite sustaining considerable damage, she was able to free herself with the help of the Auster Antarctic floatplane that scouted a way out. In early 1956, Fuchs sailed back to London, leaving eight men to over-winter at Shackleton. The eight men of

2898-442: The question of proper notice may be a factor in assessing damages in infringement actions. Under the revised Section 403, these benefits are denied to a work consisting predominantly U.S. Government works "unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of

2961-426: The reason that the Government often desires to make use in its publications of copyrighted material, with the consent of the owner of the copyright, and it has been regarded heretofore as necessary to pass a special act every time this was done, providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication". The Sections of

3024-461: The required copyright notice included a statement specifically identifying those parts of the work that were not U.S. Government work, and therefore subject to copyright protection. According to the House Report, this provision was aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work

3087-401: The right to distribute to the public, but for " commercial off the shelf software", the government typically obtains no better license than would any other customer. The federal government can hold copyrights that are transferred to it. Copyright law's definition of work of the United States government does not include work that the government owns but did not create. For example, in 1837,

3150-678: The south part of Clare Range. This high, flattish feature was named by US-ACAN for Bruce C. Parker, United States ArmyRP biologist who conducted limnological studies at Antarctic Peninsula (1969-70) and in Victoria Land (1973-74 and 1974-75). 77°13′S 161°01′E  /  77.217°S 161.017°E  / -77.217; 161.017 . A peak 2,220 metres (7,280 ft) high at the head of Victoria Upper Glacier, 4 nautical miles (7.4 km; 4.6 mi) east of Skew Peak. Mapped by USGS from surveys and United States Navy aerial photographs, 1947-62. Named by US-ACAN (1974) for Leonard H. Dykes who

3213-634: The southern side of Clare Range and divides the head of Victoria Upper Glacier. Mapped by USGS from surveys and United States Navy aerial photography, 1947-62. Named by US-ACAN (1974) after William Heaphy, a New Zealand citizen who, over the past 10 years, participated in the United States Antarctic Research Program. 77°05′S 161°36′E  /  77.083°S 161.600°E  / -77.083; 161.600 . A prominent dark bluff, 3 nautical miles (5.6 km; 3.5 mi) long and over 1,000 metres (3,300 ft) high, forming

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3276-501: The southern summer of 1956–1957 was spent consolidating Shackleton Base and establishing the smaller South Ice Base, about 300 miles (480 km) inland to the south. After spending the winter of 1957 at Shackleton Base, Fuchs finally set out on the transcontinental journey in November ;1957, with a 12-man team travelling in six vehicles; three Sno-Cats , two Weasel tractors , and one specially adapted Muskeg tractor . En route,

3339-512: The team were also tasked with carrying out scientific research including seismic soundings and gravimetric readings. In parallel, Hillary's team had set up Scott Base —which was to be Fuchs' final destination—on the opposite side of the continent at McMurdo Sound on the Ross Sea . Using three converted Ferguson TE20 tractors and one Weasel, abandoned part-way, Hillary and his three men—Ron Balham, Peter Mulgrew and Ellis Williams, great uncle of

3402-436: The text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings. Copyright was denied on the grounds of public policy: such material as the laws and governmental rules and decisions must be freely available to the public and made known as widely as possible; hence there must be no restriction on the reproduction and dissemination of such documents. While copyright

3465-411: The unfinished hut itself was full of snow. The bay ice had broken off taking all the remaining stores with it. Much food and fuel, a couple of huts and a tractor had all gone to sea. The men tried to retrieve the crates by tunnelling under the snow; the tunnels proved to be useful kennels for the dogs protecting them from the unexpectedly severe winter conditions at Shackleton. The party of eight survived

3528-465: The wall and roof panels around the building site. Then a blizzard began, and lasted for more than a week. The temperature dropped to −20 °C (−4 °F) and the drift around the base made it impossible to do any work outside. The men sheltered in their crate and slept in their tents which were constantly in danger of getting buried by the drift. When finally the wind subsided the giant crates of wall panels had all disappeared under many feet of drift and

3591-403: The winter with some difficulty, but in reasonably good health, and finally completed the building of the hut except for one hole in the roof, the panel for which was never found. While the hut was being constructed they lived by day in the tractor crate and slept in their tents, two men to each tent. The winter temperatures often fell well below −30 °C (−22 °F), and Shackleton proved to be

3654-504: Was a Commonwealth -sponsored expedition that successfully completed the first overland crossing of Antarctica , via the South Pole . It was the first expedition to reach the South Pole overland for 46 years, preceded only by Amundsen's expedition and Scott's expedition in 1911 and 1912. In keeping with the tradition of polar expeditions of the Heroic Age of Antarctic Exploration ,

3717-493: Was associated for nearly 20 years with the successive Antarctic co-ordinating committees within the United States Government. 77°11′21″S 161°00′11″E  /  77.189112°S 161.003146°E  / -77.189112; 161.003146 A sharp-pointed peak, 2,050 metres (6,730 ft) high, 1.75 nautical miles (3.24 km; 2.01 mi) northwest of Dykes Peak. Named by Advisory Committee on Antarctic Names (US-ACAN) (2007) after Joyce A. Jatko, Environmental Officer for

3780-400: Was denied in the text of court decisions, material added by a court reporter on his own – such as leadnotes, syllabi, annotations, indexes, etc. – was deemed copyrightable by him, although he was employed by the government to take down and compile the court decisions. These cases may be said to have established the principle that material prepared by a government employee outside of the scope of

3843-535: Was denied. The Printing Law of 1895, which was designed to centralize in the Government Printing Office, the printing, binding, and distribution of Government documents, contained the first statutory prohibition of copyright in Government publications. Section 52 of that Law provides for the sale by the Public Printer of "duplicate stereotype or electrotype plates from which any Government publication

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3906-505: Was provided by U.S. personnel who were working in Antarctica at that time. Both parties also took dog teams which were used for fieldwork trips and backup in case of failure of the mechanical transportation, though the dogs were not taken all the way to the Pole. In December 1957 four men from the expedition flew one of the planes—a de Havilland Canada DHC-3 Otter —on an 11-hour, 1,430-mile (2,300 km), non-stop trans-polar flight across

3969-515: Was the Printing Law enacted in 1895 . Section 52 of that Act provided that copies of "Government Publications" could not be copyrighted. Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of the Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not subject to copyright as

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