Misplaced Pages

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46-511: Download coordinates as: The Gutenko Mountains are in central Palmer Land at the south end of the Dyer Plateau , to the east of Goodenough Glacier . The Batterbee Mountains and George VI Sound are to the west. The Holmes Hills and Hess Mountains are to the southeast, Mount Jackson is to the east and the Welch Mountains are to the northeast. Features, from north to south, include

92-536: 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

138-499: 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

184-408: 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

230-466: 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

276-432: 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

322-457: 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 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,

368-628: Is the portion of the Antarctic Peninsula , Antarctica that lies south of a line joining Cape Jeremy and Cape Agassiz . This application of Palmer Land is consistent with the 1964 agreement between the Advisory Committee on Antarctic Names and the UK Antarctic Place-Names Committee , in which the name Antarctic Peninsula was approved for the major peninsula of Antarctica, and the names Graham Land and Palmer Land for

414-675: 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

460-821: The United States Geological Survey (USGS) in 1974. 71°25′S 65°25′W  /  71.417°S 65.417°W  / -71.417; -65.417 . A group of low hills and nunataks, 12 nautical miles (22 km; 14 mi) long, that mark the northwest end of the Gutenko Mountains. Mapped by the USGS in 1974. Named by the United States Advisory Committee on Antarctic Names (US-ACAN) for Lieutenant Commander David J. Elliott, United States Navy, Commander of LC-130 aircraft in aerial photographic and ice-sensing flights over extensive areas of

506-535: 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

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552-483: 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 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

598-567: 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

644-454: 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

690-855: The Antarctic continent during Operation Deep Freeze, 1970 and 1971. 71°33′S 65°09′W  /  71.550°S 65.150°W  / -71.550; -65.150 . The central summit in the line of low rock peaks 4 nautical miles (7.4 km; 4.6 mi) north of the west end of Rathbone Hills. Mapped by the USGS in 1974. Named by the US-ACAN for Lieutenant Joel H. Mumford, United States Navy, Medical Officer at Palmer Station, 1972. 71°39′S 64°48′W  /  71.650°S 64.800°W  / -71.650; -64.800 . A line of low hills or nunataks, 14 nautical miles (26 km; 16 mi) long and trending east–west, located 4 nautical miles (7.4 km; 4.6 mi) north of Guthridge Nunataks. Mapped by

736-529: 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

782-766: The Elliott Hills, Mount Mumford, the Rathbone Hills, Randall Ridge, the Guthridge Nunataks, Mount Jukkola, Walcott Peak, Lokey Peak, the Blanchard Nunataks. The Gutenko Mountains were seen from the air during flights of November 21 and December 23, 1947, by the Ronne Antarctic Research Expedition (RARE). They are named for Sigmund Gutenko, United States Navy , chief commissary steward with the expedition. The mountains were mapped in detail by

828-477: 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

874-583: 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 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

920-445: 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 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

966-457: 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

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1012-493: 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

1058-525: 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 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

1104-520: 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

1150-1041: The US-ACAN after Robert H. Randall (1890–1966), Assistant on Cartography with the United States Bureau of the Budget in the Executive Office of the President, with responsibility for coordinating the mapping activities of the Government, 1941–60. In 1954 he set up the Technical Advisory Committee on Antarctic Mapping that established a mapping program for Antarctica based on the best technical methods. 71°48′S 64°33′W  /  71.800°S 64.550°W  / -71.800; -64.550 . A scattered group of sharp peaked nunataks and small mountains, about 22 nautical miles (41 km; 25 mi) long and 6 nautical miles (11 km; 6.9 mi) wide, midway between Rathbone Hills and Blanchard Nunataks. Mapped by

1196-402: The USGS in 1974. Named by the US-ACAN after Guy G. Guthridge, Director, Polar Information Service, Division of Polar Programs, National Science Foundation; Editor, Antarctic Journal of the United States; member, of US-ACAN, from 1989 (chairman from 1994). 71°51′S 64°38′W  /  71.850°S 64.633°W  / -71.850; -64.633 . A sharp, pyramidal peak, or nunatak, at

1242-787: The USGS in 1974. Named by the US-ACAN for Lieutenant Fred P. Walcott, CEC, United States Navy, Officer-in-Charge of the South Pole Station in 1973. 71°50′S 64°06′W  /  71.833°S 64.100°W  / -71.833; -64.100 . A small, sharp peak, or nunatak, standing at the southeast extremity of the Guthridge Nunataks. Mapped by USGS in 1974. Named by US-ACAN for William M. Lokey, Station Manager at Palmer Station, 1975. He previously wintered at McMurdo Station in 1970 and 1974. 72°00′S 64°50′W  /  72.000°S 64.833°W  / -72.000; -64.833 . An east-west trending group of nunataks, about 16 nautical miles (30 km; 18 mi) long, marking

1288-475: The USGS in 1974. Named by the US-ACAN for Major David L. Rathbone, USMC, Commander of LC-130 aircraft in United States Navy Squadron VXE-6 during Operation Deep Freeze, 1970 and 1971. 71°44′S 64°38′W  /  71.733°S 64.633°W  / -71.733; -64.633 . An arc-shaped rock ridge at the north side of the Guthridge Nunataks. Mapped by the USGS in 1974. Named by

1334-485: 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 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

1380-518: The base of Cetus Hill . This feature is named after Nathaniel Palmer , an American sealer who explored the Antarctic Peninsula area southward of Deception Island in the sloop Hero in November 1820. This Palmer Land location article is a stub . You can help Misplaced Pages by expanding it . Copyright status of works by the federal government of the United States A work of

1426-399: 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

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1472-467: 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 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

1518-425: 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

1564-444: 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

1610-405: 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

1656-466: The northern and southern portions, respectively. The line dividing them is roughly 69° S. In its southern extreme, the Antarctic Peninsula stretches west, with Palmer Land eventually bordering Ellsworth Land along the 80° W line of longitude. Palmer Land is bounded in the south by the ice-covered Carlson Inlet , an arm of the Filchner-Ronne Ice Shelf , which crosses the 80° W line. This is

1702-480: 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

1748-408: 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 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

1794-592: The public policy rule. But the question did arise with respect to State Governments. In 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

1840-442: 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

1886-426: 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

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1932-461: 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

1978-401: 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,

2024-563: The south end of the Gutenko Mountains. Mapped by USGS in 1974. Named by US-ACAN for Lloyd G. Blanchard, of the Division of Polar Programs, National Science Foundation, Assistant Editor, Antarctic Journal of the United States. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Geological Survey . Palmer Land Palmer Land ( 71°30′S 065°00′W  /  71.500°S 65.000°W  / -71.500; -65.000 )

2070-425: The south-central margin of the Guthridge Nunataks. Mapped by the USGS in 1974. Named by the US-ACAN for Lieutenant Lloyd A. Jukkola, CEC, United States Navy, Officer-in-Charge of Palmer Station in 1973. 71°49′S 64°22′W  /  71.817°S 64.367°W  / -71.817; -64.367 . A large nunatak midway between Mount Jukkola and Lokey Peak in the south part of the Guthridge Nunataks. Mapped by

2116-535: 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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