CDL Rights Management Framework

Step 3: Select Materials and Determine Rights Status

Determining Copyright Status

Copyright status of materials must be determined at the time of selection. This status is important for many steps that follow, including digitization and access capabilities.

Consult the following chart to determine whether a work is copyrighted or in the public domain. The "public domain" in US copyright law is those works that are not covered by copyright. Some works are in the public domain from their creation, such as works of the Federal government. Other works enter the public domain after their copyright term has expired. These works can be used without restriction, both by libraries and their end-users.

There is also a large class of works that are termed "orphan works." These are works for which the copyright owner cannot be found. Future copyright laws may address procedures for use of these works. In today's environment, these works can be used if the use intended falls within the rights described in the Fair Use doctrine.

• Peter Hirtle. Copyright Term and the Public Domain in the United States
• Stanford University Libraries. Copyright and Fair Use
• Association of Research Libraries. Fair Use in the Electronic Age.

Making Use of Copyrighted Materials

Materials under copyright can be used either through Fair Use (see links above), or through explicit permission of the holder of the rights. Below are some sample permission forms for publishing copyrighted materials. These can be used as is or can be adapted to your library's specific project needs.

• Sample permission letter [DOC]

This letter may be used as a template by institutions seeking permission from a copyright holder to digitize, display, and preserve a copyrighted work over time.

Privacy Rights Determination

There may be legal issues relating to privacy of individuals represented in the materials to be deposited in the digital library. Some privacy considerations may have been included in deeds of gift of materials owned by the library.

• Melissa Smith Levine. Overview of Legal Issues for Digitization: Other Considerations
• Mary Minow. Say Cheese! Putting Pictures of People on the Library's Web Page

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Go to Steps:

• Step 1: Digital Collections Project Planning
• Step 2: Evaluate Rights Issues
• Step 4: Record Rights Information
• Step 5: Deliver Digital Assets to the CDL