Posts Tagged ‘copyright’

Open data and cost recovery

Sunday, September 30th, 2007

I don’t just find Peter Brantley’s post about the Library of Congress’ rate for charging for data interesting due to my own work, but also because of the similarities to the parcel data “brouhaha” here in California. I’ve posted before about the court case to determine whether the digital descriptions of the parcel boundaries* are subject to the California public records law. Santa Clara county has charged a great sum for the data in the past, but if the data falls under the public records law, the records should be “provided to anyone requesting them for no more than the cost of duplication.” Santa Clara is appealing the decision on Homeland Security grounds. * parcels are the land units on which property taxes are assessed.

In looking for an update to the appeals story, i found this 2007-05-07 article from before the decision. It notes that Santa Clara county hired an outside consultant to examine the cost and after that study, officials noted that the fees might be dropped from $250,000 to $22,000. At least the $22,000 is the same order of magnitude as the copyright registration database. On the other hand, my spouse got the parcel data (for noncommercial use) for San Mateo county (immediately north of Santa Clara on the San Francisco peninsula) for a buck. (The cost of the CD on which it was distributed.)

Brantley reports that the copyright renewals database is congressionally mandated to be made available “at a charge of production and distribution cost plus 10%,” and reports that cost is ” $55,125 to obtain the retrospective online database, and $31,500 for a current-year subscription that must be annually renewed, for an entry cost of $86,625.” Assuming “production” doesn’t describe running the Copyright Office but production of the distribution copy, it’s somewhat difficult to understand how data distribution — not a live database serving hundreds of concurrent users but collection of records in MARC format — could run $50,000 in the digital age. However, the LOC notes a “recent cost savings,” so perhaps the new prices will be reduced by an order of magnitude or two.

The restriction Christine encountered of “for noncommercial use only” did stir up my memory of a different federal agency, the National Weather Service, and a noncompete clause proposed in 2005 by Senator Santorum. [Information Week overview, and opinions from the WeatherUnderground's Director of Meterology in April, May, and June of 2006.] I wonder if the amended law had gone into effect whether these forecasts would have been available under a FOI request.
Freedom of Information, copyright registration, public data, cost of data

Nervousness Post about Orphaned Works

Friday, June 16th, 2006

Right after replying to a post about Nervousness’ polices regarding copyright, i found this discussion about trading vintage images. I found a useful summary about copyright duration, posted a quick reminder, and went on my way. There was a quick reply: oh, these are all from the early 1900’s, they’re family, they’re not copyrighted. That was a red flag (since i’m too tired to judge what i should be doing), and i found myself going on about just how locked up those images are.

[QUOTE=ktsls82]I guess that is true but pictures from our own personal collections will not be a problem. They are usually of relatives.[/QUOTE]

The creator (and the heirs) have rights, even if they’re family!

[QUOTE=ktsls82]Plus most photographs don’t have copyrights on them. [/QUOTE]

And for creations that were not published, prior to 1978, the duration of copyright is the creator’s life plus 70 years (during which the copyright belongs to the creator’s heirs).

[QUOTE=ktsls82]Most of my pictures are early 1900’s and before.[/QUOTE] So, if someone took a photo at age 35 in 1915, and they lived to be 70 (thus, dying in 1950), the *unpublished* photo enters public domain 70 years after their death, 2020.

The copyright on that unpublished photo belongs to their heirs. If you’re an heir of the photographer, you could probably assign the rights to the public domain or specific individual (depending on how good terms you are with your cousins!)

It’s this sort of problem that has librarians and archivists pushing for an amendment to the copyright act for orphaned creations. I’ve written about it in my blog; Wired magazine has and easy to read overview of the problem; and the American Library Association has done a great deal of work advocating for moving orphaned works into a less “locked-up” state.

http://www.grey-cat.com/curious/?cat=14
http://www.wired.com/news/culture/0,1284,64494,00.html
http://www.copyright.gov/orphan/
http://www.ala.org/ala/washoff/washnews/2005ab/17mar22.htm

Cheers,
judith

copyright, copyright duration, creative commons, public domain, orphaned works,Orphan Rights Amendment