United States Copyright Laws Regarding Microfilmed Public Records

Public records remain in the public domain no matter how they're reproduced.

The major revision of federal copyright law --- U.S. Code, Title 17 --- in 1976 expanded the list of technological materials whose creators control their use. While microfilm is not specifically mentioned, Section 103 of the law covers compilations and derivative works. Unless the preexisting works are processed in some way other than direct reproduction, the copyright in those works remains with their creator(s) and not with the compiler.

Public Records

Because they are created by, or for, some level of government, public records do not carry an inherent copyright as do materials and documents created by private entities.

Simple Compilation

A microfilm may collect a set of public records --- say, birth certificates from a certain city for a certain year --- but it remains legally the same as the file of paper records in city hall.

Derivative Works

If the creator of the microfilm adds some analysis of the records --- such as charts analyzing the characteristics of the families recorded in birth certificates --- those original materials are protected by the creator's copyright, but the public records in the same derivative work, the microfilm, are not.

References

• U.S. Copyright Law Section 103: "Subject Matter of Copyright: Compilations and Derivative Works"