Copyright Law for Unpublished Manuscripts & Archival Collections

The law is very specific about copyright.

The intricacies of U.S. Copyright Law are all described in Title 17. This document describes what is and isn't protected under copyright law, as well as outlines certain exceptions, including fair use.

Before 1978

Title 17, Section 303 of the U.S. Copyright law makes specific mention of unpublished material created before 1978. According to the law, material that falls under this category is under copyright for 120 years after its creation. This means that something created, but not published, in 1950 is under copyright until 2070, when it will becomes public domain.

Archived Recordings

Section 112 of Title 17 states that, in the case of recordings, there can only be one copy of the recording that can be protected under copyright kept in the archives. Any subsequent copies, depending on the record, must be destroyed between six months to a year after the initial broadcast.

Archived Written Materials

According to U.S. copyright law, all written materials -- letters, speeches, books, plays, and so on -- are protected under copyright. However, Section 108 of the copyright law states that it is not an infringement of copyright if the material is used by a library or an archive. The only stipulation is that the material must not be used for profit and should be made available to the public.

References

• Title 17--US Copyright Law (PDF)