COPYRIGHTS OF DIGITAL SCANS OF PUBLIC DOMAIN WORKS
As per Bridgeman Art Library v. Corel Corp. (36 F. Supp. 2d 191 - SDNY 1999),
exact photographic reproductions of public domain works, which seemingly applies
to digital scans of books, cannot be protected
by any sort of copyright under United States law because they are not considered
"original works". Therefore, we treat as public domain any scan we obtain where the underlying
work is in public domain.
RESPECT OF ORIGINATING ARCHIVES RIGHTS AND TERMS
We seek to respect the rights and terms of the digital archives
from which we obtain the original page images. The following are details
on policies in respect to specific archives:
The Internet Archive (IA- prefix)
- we contacted the Internet Archive and have full clearance for use their general
collections. Additionally, we have a written agreement in place to cover
specific collections with stricter terms.
Google Books (GB- prefix)
- we discussed our service with Dr. Dan Clancy of Google in January of 2008.
We were informed that the terms for PDF downloads are not legally binding,
but rather are guidelines to the community. This is confirmed by Peter Suber's
blog post.
The guidelines for PDF downloads are as follows:
Use the files for non-commercial purposes only
Don't send automated queries to Google's system
Don't remove the Google "watermark" you see on each file
We ask that you not link directly to the PDF files from other sites
You may host a reasonable amount of content that you've downloaded from Google on your own site, but please make sure to attribute it properly.
Our FAQ explains
in detail how we seek to comply with these terms.
OpenCRS / CDT (OCRS- prefix)
- Support for this archive is experimental. All content within this archive
is US Government works, which is not subject to copyright as per US Code, Title 17,
Section 105.
COPYRIGHT POLICY FOR THE PUBLIC DOMAIN ARCHIVE AND REPRINTS SERVICE
We are based in the United States and follow United States copyright laws as follows:
1. Books published before 1923 are considered in public domain.
2. Books published by the US government are considered public domain.
3. Books after 1923 are only printed if they are marked of as being out of
copyright by the original archive.
We do not have control over where are printed books being shipped to since
they are printed and ordered by a third party. It is up to the individual
purchaser to make sure that the book they are ordering can be legally imported
into their country where copyright laws may vary from the US laws.
Since our system is automated it relies on the metadata provided by each of
the original archives we support. Occasionally, this data may be inaccurate
or wrong, leading to a book being printed through our service. If you are
an author, publisher or other copyright holder of a book that has been printed
through our service and have proof that the book is in copyright, please
contact us promptly.
Digital Millennium Copyright Act (DMCA) Procedures
To file a DMCA notice with our service, please send the notice via mail or fax.
Notices via email will not be accepted. Be aware that filing a false or
incorrect DMCA notice may make you liable under law (see this example
of such case). Please include the following information:
1. The copyrighted work that you believe has been infringed IN SUFFICIENT DETAIL.
2. The content and location of the content that is claimed to be infringing or to be the subject of infringing activity, including links.
3. Sufficient contact information for you, preferably with postal mail address, fax number and email address.
4. A statement by the owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
5. A statement of the accuracy of the notice and, under penalty of perjury, that the complaining party is authorized to act on the behalf of the owner.
6. A physical signature.
NOTE: We may make copies of DMCA notifications available to
ChillingEffects.org with personally identifiable information removed.
DMCA notices should be sent to the following Designated Agent:
Yakov Shafranovich
Public Domain Archive and Reprints Service dmca (at) shaftek (dot) org
You can also fax notices to: +1 (443) 703-2355, ATTN: Yakov Shafranovich.