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61-458: The Terra Firma Islands ( 68°42′S 67°32′W  /  68.700°S 67.533°W  / -68.700; -67.533  ( Terra Firma Islands ) ) are a small group of islands lying 8 nautical miles (15 km; 9.2 mi) north of Cape Berteaux , off the west coast of Graham Land in West Antarctica . The Terra Firma Islands are just west of Mikkelsen Bay , in the east of

122-675: 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 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

183-536: 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

244-514: A hayrick. 68°42′S 67°32′W  /  68.700°S 67.533°W  / -68.700; -67.533 . A small rocky mass, more than 90 metres (300 ft) high high, between Alamode Island and Hayrick Island. Twig Rock was surveyed in 1948 by the FIDS, who so named it because of the branching nature of the dike system exposed on its north face. [REDACTED]  This article incorporates public domain material from websites or documents of

305-509: A high rock peak between Mikkelsen Bay and Wordie Ice Shelf . The FrAE under Charcot, 1908-10, originally applied the name Berteaux to an island in essentially this position. The BGLE under Rymill, 1934-37, identified the feature sighted by Charcot as the cape described above. Named by Charcot for a Monsieur Berteaux who helped obtain funds for his expedition. 68°48′S 67°12′W  /  68.800°S 67.200°W  / -68.800; -67.200 . Prominent rocky island lying between

366-532: A name for the moraine itself. 68°34′S 66°59′W  /  68.567°S 66.983°W  / -68.567; -66.983 . An isolated rocky ridge rising over 500 metres (1,600 ft) high, which extends south and west from Martin Glacier to Moraine Cove, and forms the southeast limit of Bertrand Ice Piedmont. The name "Ile Pavie" was given in 1909 by the FrAE under Charcot to an island, or possible cape, shown on

427-499: 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

488-408: 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

549-466: 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

610-432: 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

671-538: The British Graham Land expedition (BGLE) under John Rymill in 1936. The name "Terra Firma Island" was applied to the largest island (Alamode Island), because a BGLE depot-laying party camped there following the break-up of sea ice, but the name Terra Firma Islands was later applied to the whole group. Download coordinates as: 68°43′S 67°32′W  /  68.717°S 67.533°W  / -68.717; -67.533 . The largest and southeasternmost of

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732-619: 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

793-614: The Terra Firma Islands in the southwest part of Mikkelsen Bay. First surveyed in 1948 by the FIDS, who applied this name because of the presence of an ice arch formed by the icecap on this island. 68°38′S 67°48′W  /  68.633°S 67.800°W  / -68.633; -67.800 . A small rocky island 15 metres (49 ft) high high, lying in Marguerite Bay 7 nautical miles (13 km; 8.1 mi) northwest of Terra Firma Islands. First seen and photographed from

854-879: The United States Geological Survey . Cape Berteaux Mikkelsen Bay is in the east of the larger Marguerite Bay in Graham Land on the Fallières Coast of the Antarctic Peninsula . It is south of Rymill Bay and the Bertrand Ice Piedmont , southwest of the Hadley Upland , west of the Godfrey Upland and north of the Hariot Glacier . Clarke Glacier flows into the southeast corner of

915-599: The United States Geological Survey . 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 the Copyright Act of 1976 , such works are not entitled to domestic copyright protection under U.S. law and are therefore in

976-535: 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

1037-567: 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

1098-401: 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 the public domain. For example, government publications may include works copyrighted by

1159-454: 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

1220-611: The BGLE map. 68°33′S 69°01′W  /  68.550°S 69.017°W  / -68.550; -69.017 . Low rock lying 16 nautical miles (30 km; 18 mi) west of Flyspot Rocks. Named in 1986 by the UK-APC after Lieutenant Simon T.G. Guyer, RN, Officer of the Watch at the time HMS Endurance grounded on the rock in the 1985-86 season. [REDACTED]  This article incorporates public domain material from websites or documents of

1281-514: The BGLE under Rymill, but the feature named by Charcot was not identified. Following further surveys by the Falkland Islands Dependencies Survey (FIDS) in 1948, Charcot's "Ile Pavie" was identified from Bongrain's sketches as the feature now named Red Rock Ridge. The name Red Rock Ridge is now too firmly established to alter. The name Pavie Ridge has therefore been approved for the isolated rocky ridge described above as forming

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1342-474: 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

1403-477: 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

1464-583: 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

1525-403: The FrAE maps in 68°27′S 66°40′W  /  68.450°S 66.667°W  / -68.450; -66.667  ( 1909 Ile Pavie location ) . . From a position 15 nautical miles (28 km; 17 mi) southeast of Jenny Island , Maurice Bongrain, FrAE surveyor, made sketches of this feature which were labeled "Ile Pavie" and "Cap Pavie." This general area was surveyed in 1936 by

1586-445: 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

1647-457: 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

1708-493: 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

1769-525: 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

1830-522: The Terra Firma Islands, with steep rocky cliffs surmounted by a rock and snow cone rising to 320 metres (1,050 ft) high. So named by the FIDS, following a 1948 resurvey, for its resemblance to some form of confection served with ice cream on it. 68°43′S 67°35′W  /  68.717°S 67.583°W  / -68.717; -67.583 . A low rocky island lying 1 nautical mile (1.9 km; 1.2 mi) west of Alamode Island. The island

1891-520: 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

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1952-571: The air on February 1, 1937 by the BGLE. First visited by the FIDS in 1948, and surveyed by them in 1949. So named by FIDS because of difficulties experienced here with compass bearings, eventually proved to be due to substitution of iron for copper wire in an anorak hood. 68°35′S 68°19′W  /  68.583°S 68.317°W  / -68.583; -68.317 . Rocks rising 35 metres (115 ft) high above sea level, lying 14 nautical miles (26 km; 16 mi) northwest of Terra Firma Islands in Marguerite Bay. The rocks are ice covered on

2013-612: The bay. Other features of the coast include Moraine Cove, Pavie Ridge, Dee Ice Piedmont, Doggo Defile, Baudin Peaks and Cape Berteaux. Islands in the bay, or to the west of the bay, include from east to west, Query Island, Keyhole Island, the Terra Firma Islands , Compass Island and the Flyspot Rocks. Mikkelsen Bay was first seen from a distance in 1909 by the French Antarctic Expedition (FrAE) under Jean-Baptiste Charcot , but

2074-521: The coastal mountains east of Dee Ice Piedmont. Photographed from the air by RARE in 1947. Surveyed by FIDS in 1948-50, and 1958. The UK-APC name is descriptive; the northwest entrance is only partly visible to sledge parties traveling along the coast, and the true nature of the feature is completely hidden by the surrounding mountains. 68°49′S 67°03′W  /  68.817°S 67.050°W  / -68.817; -67.050 . Group of peaks rising above 750 metres (2,460 ft) high, standing at

2135-399: 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

2196-467: 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

2257-425: 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

2318-811: The east side of Mikkelsen Bay. Surveyed from the ground by BGLE, 1936-37, and by FIDS, 1948-50. Photographed by the Ronne Antarctic Research Expedition (RARE), November 1947 (trimetrogon air photography). Named by the UK Antarctic Place-Names Committee (UK-APC) after John Dee (1527-1608), English mathematician and pioneer teacher of navigation methods for 30 years during a period of great maritime expansion and exploration. 68°44′S 66°47′W  /  68.733°S 66.783°W  / -68.733; -66.783 . A narrow, steep-sided defile, in parts less than 1 nautical mile (1.9 km; 1.2 mi) wide, cutting through

2379-444: 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

2440-432: The foot of Clarke Glacier and Keyhole Island on the south side of Mikkelsen Bay. Surveyed in 1948 by the FIDS, who so named it because of the difficulty in deciding from a distance whether the feature was an island or part of the mainland. 68°47′S 67°20′W  /  68.783°S 67.333°W  / -68.783; -67.333 . A small rocky island lying 5 nautical miles (9.3 km; 5.8 mi) southeast of

2501-424: The larger Marguerite Bay in Graham Land on the Fallières Coast of the Antarctic Peninsula . They are northwest of Cape Berteaux, the southern end of the bay's mouth. Alamode Island is the largest of the group, in the southeast. Other islands and rocks, from west to east, include Dumbell Island, Barn Rock, Lodge Rock, Pigmy Rock, Hayrick Island and Twig Rock. The Terra Firma islands are the southernmost point in

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2562-405: 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

2623-471: The north end of Mikkelsen Bay along the west coast of Graham Land. A moraine descends to the cove from the southwest end of Pavie Ridge. The name derives from the provisional name "Moraine Point," used by Professor Robert L. Nichols of the RARE, who examined the geology of this area in 1947. The name Moraine Cove retains the spirit of the naming by Nichols, and is considered more essential for reference purposes than

2684-635: The north side of Sickle Mountain and Baudin Peaks. First roughly surveyed in 1936 by the BGLE under Rymill. The glacier was traversed near its head by a US AS sledge party in January 1941. Its lower reaches were surveyed in 1948-49 by the FIDS, and the glacier was named by them for Louis C.G. Clarke, Dir. of the Fitzwilliam Museum , Cambridge , 1937-46, who greatly assisted the BGLE, 1934-37. 68°35′S 67°08′W  /  68.583°S 67.133°W  / -68.583; -67.133 . A small cove at

2745-480: 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

2806-408: 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

2867-592: 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

2928-442: 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

2989-426: 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

3050-461: 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

3111-401: 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,

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3172-401: The south limit of Bertrand Ice Piedmont, and whose position is not far removed from the original position indicated by Charcot. Named by Charcot, presumably for Auguste J.M. Pavie (1847-1925), French diplomat and explorer. 68°40′S 66°58′W  /  68.667°S 66.967°W  / -68.667; -66.967 . An ice piedmont between Pavie Ridge and the mouth of Clarke Glacier on

3233-451: The south sides but mainly ice free on their north sides. Probably first sighted in 1909 by the FrAE under Charcot who, from a position slightly northwestward, charted a "doubtful" island in essentially this position. The group was roughly sketched from the air by the BGLE on a flight, February 1, 1937. They were visited and surveyed in 1949 by the FIDS. The name arose at an earlier date because of their indistinct appearance as represented on

3294-430: The southeast corner of Mikkelsen Bay, immediately southwest of the mouth of Clarke Glacier, and 9 nautical miles (17 km; 10 mi) east-northeast of Cape Berteaux. This general area was first sighted and roughly charted in 1909 by the FrAE under Charcot, who gave the name "Cap Pierre Baudin" to a cape in this vicinity. The peaks previously described were roughly surveyed in 1936 by the BGLE under Rymill, but no name

3355-538: The world where grass ( Deschampsia antarctica ) and flowers ( Colobanthus quitensis ) grow naturally. On 17 August 1957 personnel from the Argentine San Martín Base on Barry Island established a hut on the west side of Hayrick Island, named "Refugio Granaderos" for the Horse Grenadier Regiment ( Regimiento de Granaderos a Caballo ) who built it. The Terra Firma Islands were roughly surveyed by

3416-540: Was assigned to them. The peaks were resurveyed in 1948-49 by the FIDS, who subsequently identified them as the feature named "Cap Pierre Baudin" by Charcot. Named by Charcot for Pierre Baudin, then port engineer at Pernambuco (now Recife), where the Pourquoi-Pas? put in on her return from the Antarctic. 68°51′S 67°27′W  /  68.850°S 67.450°W  / -68.850; -67.450 . Cape surmounted by

3477-535: 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

3538-621: Was not recognized as a large bay. First surveyed in 1936 by the British Graham Land expedition (BGLE) under John Rymill , and resurveyed by the Falkland Islands Dependencies Survey (FIDS) in 1948–49. The name was proposed by members of BGLE for Ejnar Mikkelsen , Danish Arctic explorer and Inspector for East Greenland, 1934–50. Download coordinates as: 68°48′S 66°56′W  /  68.800°S 66.933°W  / -68.800; -66.933 . A glacier, 2 nautical miles (3.7 km; 2.3 mi) wide and 20 nautical miles (37 km; 23 mi) long, flowing west to Mikkelsen Bay along

3599-431: Was surveyed in 1948 by the Falkland Islands Dependencies Survey (FIDS), and so named by them because a low ledge onto which sledges could be driven provided lodgment clear of the sea ice pressure area. 68°43′S 67°33′W  /  68.717°S 67.550°W  / -68.717; -67.550 . A rock lying close off the southwest side of Alamode Island at the south extremity of the Terra Firma Islands. This rock

3660-604: Was surveyed in 1948 by the FIDS, who so named it because of its shape. 68°41′S 67°32′W  /  68.683°S 67.533°W  / -68.683; -67.533 . A prominent rock, more than 90 metres (300 ft) high, near the north end of the Terra Firma Islands. Resurveyed in 1948 by the FIDS who so named the rock because of its appearance when seen from the west. 68°41′S 67°32′W  /  68.683°S 67.533°W  / -68.683; -67.533 . A low, snow-capped rock, less than 30 metres (98 ft) high, between Barn Rock and Hayrick Island. This rock

3721-425: Was surveyed in 1948 by the FIDS, who so named it because of its size. 68°42′S 67°32′W  /  68.700°S 67.533°W  / -68.700; -67.533 . A small prominent rock mass, more than 150 metres (490 ft) high high, between Lodge Rock and Twig Rock. This island was surveyed in 1948 by the FIDS and so named by them because, when seen from the E, its high mass has an appearance suggesting

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