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50-478: It was at that time the largest air base in the world. Today the entire complex consists of agricultural fields, the military facility totally obscured with no trace of its wartime history. By the summer of 1917, two and a half years of the air war had begun to take a serious toll on the number of French and British aviators. While the United States possessed a relatively enormous pool of human resources, they lacked

100-536: 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

150-569: 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

200-499: 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

250-408: 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

300-466: 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

350-432: 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

400-619: 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

450-535: 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

500-567: 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

550-454: 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

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600-600: The A.E.F. Gradually, American pilots, either graduates from Issoudun or from the American front-line units began to replace their French counterparts. Even with this gradual transition though, the training program at Issoudun remained fundamentally the Bleriot system. The various fields at Issoudun (initially nine, later expanded to 15) each provided a different phase of instruction, allowing the student to progress in successive stages of training until adequately prepared to participate at

650-529: 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

700-477: 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

750-464: 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

800-493: 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

850-463: 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, 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

900-520: 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

950-487: 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 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

1000-476: 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

1050-598: The Wikimedia System Administrators, please include the details below. Request from 172.68.168.226 via cp1108 cp1108, Varnish XID 826842228 Upstream caches: cp1108 int Error: 429, Too Many Requests at Fri, 29 Nov 2024 08:34:57 GMT 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

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1100-554: The advantages of this location, significant work was required to bring the Third Aviation Instruction Center (3rd AIC), as it was to be named, to life. When General John J. Pershing first saw the site, it was nothing but a series of flat fields, with no barracks, hangars, buildings or classroom facilities. Under the agreement with the French, the United States was, “...to furnish 200 workmen to erect it (3d AIC) and ‘all

1150-493: The base. The 3d AIC at Issoudun was initially to be merely a “refresher course” for American pursuit pilots arriving in France, prior to being sent to the front. The intent was for the American pilots, having already received advance training in the United States, to become acquainted with the current tactics and aircraft being used at the front. The advanced aviation schools in the U.S. were slow to develop and lacked both aircraft of

1200-399: 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

1250-425: 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

1300-444: 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

1350-405: The field was in full-swing. While the initial pace of building was hectic in an effort to make the base operational as quickly as possible, construction at Issoudun was never really completed and continued right up to the 1918 Armistice with Germany . As a result of this furious pace of construction, Issoudun was fully operational and training was being conducted within a months of Pershing accepting

1400-498: The field, the proposal was rejected by the Secretary of War on 19 May 1917. That same day the proposal was resubmitted with the additional argument that a facility such as the 3d AIC was critical to the development of the air forces that would accompany the A.E.F. to Europe. This time the proposal was accepted, and by July 1917, the first Aero Construction Squadrons began to arrive in France. By early fall of that same year construction at

1450-431: The following U.S. Aero Squadrons: 10th, 21st, 26th, 30th, 31st, 32nd, 33rd, 35th, 37th, 43rd, 101st, 149th, 158th, 173rd, 257, 369th, 372nd, 374th, 640th, 641st, 642nd, 644th, 801st, 802nd, and 1104th. When the first students of the school at Issoudun reported for duty to the front they were among the most extensively trained pilots of the day. The average American pilot received about 60 hours of training at Issoudun and by

1500-635: The former airfields have returned to their previous status as agricultural fields. On 28 June 2009, the people of Issoudun had a commemoration ceremony in honor of the American aviators who had trained, and in many cases, died while training there. A single monument on Department Route 960 remains to mark Issoudun's part in the Great War. Download coordinates as: [REDACTED]  This article incorporates public domain material from the Air Force Historical Research Agency George O. Squier Too Many Requests If you report this error to

1550-407: The front. The student's progression through these fields was typically as follows: The main aerodrome were also used for new aircraft delivered to the base and the major hangar repair field, for testing repaired or rebuilt aircraft Fields #4, #5, #6 were used for basic flight training Operating the 3rd Aviation Instruction Center required a large number of organizations. Serving at Issoudun were

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1600-405: 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

1650-502: 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

1700-480: 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

1750-405: 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

1800-567: The pursuit course, 627 served in combat against the Germans on the Western Front, and 202 became instructors. The combat record of those who went to the front speaks for itself—781 enemy planes and 73 balloons destroyed at the cost of 289 aircraft and 48 balloons lost by the AEF. The United States Air Service formally left Issoudun Airdrome on 28 June 1919 almost eight months after the war ended. The sites of

1850-442: 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

1900-426: 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

1950-461: 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

2000-401: 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,

2050-436: 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

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2100-547: The time he had completed aerial gunnery school, he averaged over 100 hours of training, “...nearly triple the number of hours of flying time with which pilots of the Royal Air Force had been reporting to their combat units two years earlier.” When the Armistice was signed on 11 November 1918, Issoudun was the largest flying school in the world. More than 1,800 men had attended advanced training at Issoudun, of whom 829 completed

2150-504: The time, America did not have the time, resources or pilots to establish its own program in France and therefore relied totally on the French to prepare American pilots for combat duty. American pilots with combat experience and flying time in the type of aircraft being flown at the front were a rare commodity. Many of them were flying with French units, or the Lafayette Escadrille, and chose to remain with those units rather than join

2200-507: The tools, nails and other implements necessary,’ including a narrow-gauge railroad, while France was to furnish the planes, motors and suitably cleared land.” With this accomplished, American pilots were to begin training in July 1917 and be ready for the front in the fall of the same year. While this proposal was approved by Pershing, it met some resistance when it reached the Secretary of War. With an initial price tag of almost $ 800,000 just to open

2250-459: The type being used at the front and pilots with combat experience to act as instructors. This lack of advance training in the U.S. dictated the development of a complete course in advanced flying and aerial tactics at Issoudun. Initially, the school was initially staffed primarily by French instructors, used French airplanes, and consequently, followed the French Bleriot system of instruction. At

2300-572: The well developed training methods and aircraft production capabilities of the Allies. In order to maximize the resources of both, the French submitted a memorandum to General George O. Squier , then the Chief Signal Officer of the U.S. Army, suggesting the establishment of an American advanced flying school in France. The site decided upon for this advanced aviation school was Issoudun , France. Issoudun, located about 100 miles southeast of Paris ,

2350-400: 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

2400-535: 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

2450-429: Was primarily chosen because the surrounding countryside was extremely level and relatively sparsely populated with wide-open spaces for flying fields. The site was also relatively close to a major government-owned railroad line. Probably just as important was its proximity to the aviation factories and new plane assembly fields in the south which were to supply the aircraft to be used in the training at Issoudun. In spite of

2500-515: 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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