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53-616: San Andres NWR is completely surrounded by the White Sands Missile Range and is closed to the public for security reasons. The San Andres National Wildlife Refuge preserves the largest intact Chihuahuan desert mountain range in the U.S. The refuge runs 21 miles north to south at the southern end of the San Andres Mountains. San Andres Peak is the highest point at 8,239 feet (2,511 m). Bennett and Big Brushy Mountains rise to more than 7,000 feet (2,100 m). The range

106-609: A V-2 rocket returned in May 2004 after restoration. The White Sands Missile Range Hall of Fame inducts members such as the first range commander, Colonel Harold Turner (1945–1947), in 1980. A recreational shooting range just inside the "El Paso gate" on the south is outside of the Post Area. The 1972 DoD Centers for Countermeasures (CCM) evaluates precision guided munitions and other devices in electronic counter- and counter-countermeasures environments. Other operations on WSMR land include

159-536: 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

212-569: 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

265-468: A range of pathogens. Exposure to Parainfluenza-3 virus was detected in 20% of 50 WSMR animals tested for this pathogen, while two-thirds had been exposed to Bovine Respiratory Syncytial Virus , and almost all animals showed evidence of exposure to Bluetongue Virus as well as Malignant Catarrhal Fever . Pasteurella trehalosi was detected in oryx from San Andres NWR. Pneumonic pasteurellosis can cause high mortality in bighorn sheep, and susceptibility to

318-499: 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

371-716: Is a fault-block tilted to the west. The eastern slopes of the San Andres rise sharply from the Tularosa Basin now largely part of the White Sands military base. The western slopes are more gradual, merging into the Jornada del Muerto . The refuge is in the Upper Sonoran life zone characterized by semi-desert vegetation and grassland. One hundred and seventy two species of birds, including 5 species of hummingbirds , have been seen on

424-408: 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

477-466: 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

530-432: 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

583-494: 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

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636-675: 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

689-826: The Launch Abort Flight Test Complex for the Pad Abort-1 , the White Sands Launch Complex 37 built for Nike Hercules tests, the White Sands Launch Complex 38 built for Nike Zeus tests with Launch Control Building now used for Patriot missile firings, the North Oscura Peak facility of the Air Force Research Laboratory Directed Energy Directorate, and the 1963 NASA White Sands Test Facility 's ground station for Tracking and Data Relay Satellites , and

742-598: The National Register of Historic Places on 15 October 1966. The White Sands Test Center , headquartered at the WSMR post area, has branches for manned tactical systems and electromagnetic radiation, and conducts missile testing and range recovery operations. "WSMR Main Post" includes several smaller areas such as the housing area, golf course, "Navy Area", and "Technical Area" The WSMR Museum offers tours and exhibits including

795-585: The SDO ground station with two 18 m (59 ft) antennas. Las Cruces Public Schools operates White Sands School on the missile range property. 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

848-514: The San Andres National Wildlife Refuge are federally-protected natural areas contained within the borders of WSMR. New Mexico State Road 213 enters the range from the south from Chaparral, New Mexico and terminates at U.S. Highway 70 , which traverses the southern part of the range in a west-northeast direction and is subject to periodic road closures during test firings at the range. U.S. Highway 380 runs east-west along

901-733: The United States Fish and Wildlife Service . White Sands Missile Range White Sands Missile Range ( WSMR ) is a United States Army military testing area and firing range located in the US state of New Mexico . The range was originally established in 1941 as the Alamogordo Bombing and Gunnery Range , where the Trinity test site lay at the northern end of the Range, in Socorro County near

954-535: 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

1007-567: 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

1060-454: 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

1113-474: 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

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1166-477: 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

1219-464: 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

1272-493: 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

1325-520: 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

1378-476: 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

1431-624: The airport. Regularly scheduled commercial flights are also available at the Albuquerque International Sunport , which is located 200 miles north of White Sands Missile Range's main base, but is closer to the northern test ranges than El Paso. On 21 December 1965, the Trinity Site , selected in November 1944 for the Trinity nuclear test conducted on 16 July 1945 , was designated a National Historic Landmark district, and added to

1484-399: 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

1537-733: The disease is higher in bighorn previously exposed to Parainfluenza-3 or Bovine Respiratory Syncytial Virus. Deer on the other hand are especially vulnerable to Malignant Catarrhal Fever. To limit the number of oryx on the San Andres NWR and White Sands Missile Range, New Mexico state with the cooperation of the Fish and Wildlife Service issues permits to hunt oryx. Between 2000 and 2007, a reported total of 284 animals in San Andres NWR were killed by hunting. More recently, about 50 animals are culled per year. [REDACTED]  This article incorporates public domain material from websites or documents of

1590-425: 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

1643-426: The east; and WSMR borders the 600,000-acre (2,400 km ) McGregor Range Complex at Fort Bliss to the south (southeast Tularosa Basin and on Otero Mesa ) making them contiguous areas for military testing. WSMR is located between Las Cruces, New Mexico to the west, Alamogordo, New Mexico 40 miles to the east, and Chaparral, New Mexico and El Paso, Texas to the south. White Sands National Park and

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1696-444: 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

1749-458: The herd and only one lone female remained alive in 1997. Beginning in 1999, desert bighorns were re-introduced into San Andres from other areas and their numbers slowly increased to about 100 in 2012. San Andres NWR is the largest area of protected land for desert bighorns in New Mexico. The South African oryx or Gemsbok , a large desert antelope native to Botswana , Namibia and South Africa ,

1802-405: 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

1855-502: 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

1908-648: The northern edge of WSMR between San Antonio and Carrizozo , and is also subject to periodic closures during test firings. New Mexico State Road 525 provides access from U.S. Highway 380 to the north end of WSMR near Stallion Army Airfield . El Paso International Airport is the nearest airport with regularly scheduled commercial flights. There have been no regularly scheduled commercial passenger flights from Las Cruces International Airport since 25 July 2005, when Westward Airways ceased operations; general aviation, New Mexico Army National Guard (4 UH-72 Lakota Helicopters), private charters and CAP, among others, still use

1961-480: 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

2014-459: The plants they eat. Except for calves, the oryx is too large to be preyed on by mountain lions and other local carnivores. Oryx may also impact bighorn and deer by harboring several diseases that are thought or known to reduce recovery chances of bighorn and deer populations. In 2001, fecal and serological samples were collected from over 100 oryx at White Sands Missile Range and also an unspecified number at San Andres NWR, and tested for evidence of

2067-417: 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

2120-405: 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

2173-442: 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

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2226-426: 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

2279-428: The refuge provide water for wildlife and create riparian zones with cottonwood , willow , and ash trees. Some of the springs have sufficient flow to create live streams that run for several hundred yards before becoming dry washes with water only after major rainstorms. The springs are located at elevations of 4,900 feet (1,500 m) to 6,000 feet (1,800 m) in elevation. The San Andres National Wildlife Refuge

2332-448: The refuge. Large mammals include mule deer , mountain lion , desert bighorn sheep , black bear , and the introduced oryx . On rare occasions, javelina have been seen. The average precipitation on the refuge is 13 inches (330 mm) annually, although it is highly variable ranging from about 7 to 25 inches per year. Multi-year droughts are frequent. Most precipitation comes in the summer. At least 10 springs and spring complexes on

2385-461: 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

2438-401: 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,

2491-436: 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

2544-544: The towns of Carrizozo and San Antonio . It then became the White Sands Proving Ground on 9   July 1945. White Sands National Park founded in the 1930s is located within the range. As the largest military installation in the United States , WSMR encompasses almost 3,200 sq mi (8,300 km ) including parts of Doña Ana , Otero , Socorro , Sierra , and Lincoln counties in southern New Mexico . Holloman Air Force Base borders WSMR to

2597-422: Was created to preserve the desert bighorn sheep which was becoming rare in much of its range. At the time of the creation of the refuge, in 1941, the population of desert bighorn sheep was 33. With protection, this number increased to 140 in 1950 before declining to 70 after a severe drought. Grazing on the refuge was ended in 1952 and the numbers of the herd increased to about 200 in the 1970s. Disease then struck

2650-400: 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

2703-535: 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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2756-533: Was introduced into White Sands Missile Range in the neighboring Tularosa Basin during 1969, in hopes of attracting big game hunters and increasing state income from sales of hunting licenses. Oryx numbers quickly grew to about 3,000 and their range expanded into San Andres National Wildlife Refuge as well as adjacent areas. By 1997, at least 50 oryx inhabited the refuge, successfully competing for scarce resources with bighorn sheep and mule deer because oryx need little or no water to survive, getting their moisture from

2809-515: 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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