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43-668: The Dungeness Spit is entirely within the Dungeness National Wildlife Refuge and home of the New Dungeness Lighthouse . Its land area, according to the United States Census Bureau , is 1,271,454 square meters (0.4909 sq mi, or 314.18 acres ). The lighthouse once was run by United States Coast Guard , but in 1976 the agency installed an automatic light. Since 1994 the lighthouse has been staffed and maintained by

86-553: A government-published set of Presidential proclamations. Section 7 of the Copyright Act of 1909 (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist ... in any publication of the United States Government, or any reprint, in whole or in part, thereof ..." Section 7 also contained a "savings clause", which stated that "The publication or republication by

129-576: A matter of public policy. But other material prepared for State Governments by their employees, notably the headnotes, syllabi, annotations, etc. prepared by court reporters, had been held copyrightable on behalf of the States. The Copyright Act of 1909 was the first copyright statute to address government publications. Section 7 of the Act (later codified as Section 8 of title 17 U.S.C.) provided that "No copyright shall subsist   ... in any publication of

172-619: A month. 48°10′07″N 123°08′22″W  /  48.168604°N 123.1394°W  / 48.168604; -123.1394 Dungeness National Wildlife Refuge The Dungeness National Wildlife Refuge is located near the town of Sequim in Clallam County in the U.S. state of Washington , on the Strait of Juan de Fuca . The refuge is composed of 772.52 acres (312.63 ha) which include Dungeness Spit , Graveyard Spit, and portions of Dungeness Bay and Harbor. Dungeness Spit

215-506: A state or local government may be subject to copyright. Some states have placed much of their work into the public domain by waiving some or all of their rights under copyright law. For example, the constitution and laws of Florida have placed its government's works in the public domain. Unorganized territories (such as American Samoa and the former Trust Territory of the Pacific Islands ) are treated, for copyright purposes, as

258-516: Is additionally important as a spring staging area (a place where large groups of birds stop to build up their fat reserves for migration) for black brant and other waterfowl. The main activities occurring on the refuge are wildlife observation and photography, and wildlife education and interpretation. To ensure that wildlife continue to have a place to rest and feed, some recreational activities such as jogging, swimming, and other beach activities are allowed only in selected areas during certain times of

301-408: Is not required to assert claim to copyright. Whenever the contractor asserts claim to copyright in works other than computer software, the government, and others acting on its behalf, are granted a license to reproduce, prepare derivative works , distribute, perform and display the copyrighted work. For computer software produced under FAR contract, the scope of the government's license does not include

344-589: Is one of six refuges in the Washington Maritime National Wildlife Refuge Complex . The refuge provides habitat for a variety of wildlife species with more than 250 species of birds and 41 species of land mammals. The bay and estuary of the Dungeness River supports Waterfowl , Wader , Shellfish , and harbor seals . Anadromous fish like Chinook , Coho , pink salmon and chum salmon occur in

387-493: Is one of the world's longest natural sand spits, 6.8 miles (10.9 km) long and very narrow. A lighthouse , the New Dungeness Light , built in 1857, is located near the end of the spit. Access to Dungeness Spit is through a Clallam County Park which has hiking trails, picnic areas, and a campground. On January 20, 1915, it was designated as a National Wildlife Refuge by President Woodrow Wilson . Dungeness

430-472: Is printed", with the proviso "that no publication reprinted from such stereotype or electrotype plates and no other Government publication shall be copyrighted". The provision in the Printing Act concerning copyright of government works was probably the result of the "Richardson Affair" , which involved an effort in the late 1890s by Representative James D. Richardson (1843–1914) to privately copyright

473-432: Is published or republished commercially, it has frequently been the practice to add some "new matter" in the form of an introduction, editing, illustrations, etc., and to include a general copyright notice in the name of the commercial publisher. This in no way suggests to the public that the bulk of the work is uncopyrightable and therefore free for use. "To make the notice meaningful rather than misleading", section 403 of

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516-501: The Copyright Act of 1976 , such works are not entitled to domestic copyright protection under U.S. law and are therefore in the public domain . This act only applies to U.S. domestic copyright as that is the extent of U.S. federal law. The U.S. government asserts that it can still hold the copyright to those works in other countries. Publication of an otherwise protected work by the U.S. government does not put that work in

559-699: The Department of Commerce under the Standard Reference Data Act. National Defense Authorization Act (NDAA), FY2020, granted civilian members of the faculty at twelve federal government institutions the authority to retain and own copyright of works produced in the course of employment for publication by a scholarly press or journal. The lack of copyright protection for works of the United States government does not apply to works of U.S. subnational governments. Thus, works created by

602-547: The United States Postal Service are typically subject to normal copyright. Most USPS materials, artwork, and design and all postage stamps as of January 1, 1978, or after are subject to copyright laws. Works of the former United States Post Office Department are in the public domain (due to its former position as a cabinet department). 15 U.S.C.   § 290e authorizes U.S. Secretary of Commerce to secure copyright for works produced by

645-584: The military may differ significantly from civilian agency contracts. Civilian agencies and NASA are guided by the Federal Acquisition Regulations (FAR). There are a number of FAR provisions that can affect the ownership of the copyright. FAR Subpart 27.4—Rights in Data and Copyright provides copyright guidance for the civilian agencies and NASA. Additionally, some agencies may have their own FAR Supplements that they follow. Under

688-454: The 1976 Act required that, when the copies consist " 'preponderantly of one or more works of the United States Government', the copyright notice (if any) identify those parts of the work in which copyright is claimed. A failure to meet this requirement would be treated as an omission of the notice", resulting, absent the application of some exception, in the loss of copyright protection. The Berne Convention Implementation Act of 1988 amended

731-474: The Copyright Act that now govern U.S. Government work were enacted in 1976 as part of the Copyright Act of 1976 . The House Report to the enacted legislation stated that "the basic premise of section 105 of the bill is the same" as section 8 of the former title 17. Section 403 of the 1976 Act introduced a new provision concerning documents consisting preponderantly of one or more government works. In essence, such works would be denied copyright protection unless

774-480: The FAR general data rights clause (FAR 52.227-14), the government has unlimited rights in all data first produced in performance of or delivered under a contract, unless the contractor asserts a claim to copyright or the contract provides otherwise. Unless provided otherwise by an Agency FAR Supplement, a contractor may assert claim to copyright in scientific and technical articles based on or containing data first produced in

817-470: The Government, either separately or in a public document, of any material in which copyright is subsisting shall not be taken to cause any abridgment or annulment of the copyright or to authorize any use or appropriation of such copyright material without the consent of the copyright proprietor." The committee report on the bill that became the Act of 1909 explains that the savings clause was inserted "for

860-497: The State. Such copyrights for the benefit of the State were sustained by the courts. Two cases before 1895 may also be noted with regard to the question of the rights of individual authors (or their successors) in material prepared for, or acquired by, the United States Government. In Heine v. Appleton , an artist was held to have no right to secure copyright in drawings prepared by him as a member of Commodore Perry's expedition, since

903-531: The U.S. government. Their works therefore fall under § 105 and lack copyright protection. Certain works, particularly logos and emblems of government agencies, while not copyrightable, are still protected by other laws that are similar in effect to trademark laws. Such laws are intended to protect indicators of source or quality. For example, some uses of the Central Intelligence Agency logo, name, and initialism are regulated under

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946-484: The United States Government, or any reprint, in whole or in part, thereof". Prior to the Printing Act of 1895, no statute governed copyright of U.S. government works. Court decisions had established that an employee of the Federal Government had no right to claim copyright in a work prepared by him for the Government. Other decisions had held that individuals could not have copyright in books consisting of

989-399: The copies or phonorecords embodying any work or works protected under this title". Unlike works of the U.S. government, works produced by contractors under government contracts are protected under U.S. copyright law . The holdership of the copyright depends on the terms of the contract and the type of work undertaken. Contract terms and conditions vary between agencies; contracts to NASA and

1032-425: The drawings belonged to the Government. In Folsom v. Marsh , where a collection of letters and other private writings of George Washington had been published and copyrighted by his successors, the purchase of the manuscripts by the United States Government was held not to affect the copyright. The contention of the defendant that the Government's ownership of the manuscripts made them available for publication by anyone

1075-444: The federal government purchased former U.S. President James Madison 's manuscripts from his widow, Dolley Madison , for $ 30,000. If this is construed as covering copyright as well as the physical papers, it would be an example of such a transfer. Works by certain independent agencies, corporations and federal subsidiaries may not be considered "government works" and may, therefore, be copyrightable. For instance, material produced by

1118-590: The landform in 1792, writing "The low sandy point of land, which from its great resemblance to Dungeness in the British Channel, I called New Dungeness." He named it after the Dungeness headland in England . In December 2001 a heavy winter storm forced water over the spit. The next morning the spit was split in three places, and vehicles supplying the lighthouse were not able to traverse the spit for about

1161-405: The law to make the use of a copyright notice optional on copies of works published on and after March 1, 1989 and also revised Section 403. After the adoption of this act, a copyright notice was no longer necessary to secure copyright protection. Including the notice, however, does continue to confer certain benefits, notably in the challenging a defendant's claim of innocent infringement, where

1204-502: The nineteenth century much of the public printing for the States was done under contract by private publishers. The publisher would not bear the expense of printing and publishing, however, unless he could be given exclusive rights. To enable the State to give exclusive rights to a publisher, a number of States enacted statutes providing that court reporters or other State officials who prepared copyrightable material in their official capacity should secure copyright in trust for or on behalf of

1247-489: The performance of a contract and published in academic, technical or professional journals, symposia proceedings, or the like. The express written permission of the Contracting Officer is required before the contractor may assert or enforce the copyright in all other works first produced in the performance of a contract. However, if a contract includes Alternate IV of the clause, the Contracting Officer's approval

1290-417: The public domain. For example, government publications may include works copyrighted by a contractor or grantee; copyrighted material assigned to the U.S. Government; or copyrighted information from other sources. Further, the copyright status of works by subnational governments of the United States is governed by its own set of laws. The first Federal statute concerning copyright in government publications

1333-405: The public policy rule was copyrightable; and that the employee who prepared such material on his own could secure copyright therein. There appears to be no court decision before 1895 dealing directly with the question of whether the United States Government might obtain or hold copyright in material not within the public policy rule. But the question did arise with respect to State Governments. In

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1376-442: The question of proper notice may be a factor in assessing damages in infringement actions. Under the revised Section 403, these benefits are denied to a work consisting predominantly U.S. Government works "unless the notice of copyright appearing on the published copies or phonorecords to which a defendant in the copyright infringement suit had access includes a statement identifying, either affirmatively or negatively, those portions of

1419-426: The reason that the Government often desires to make use in its publications of copyrighted material, with the consent of the owner of the copyright, and it has been regarded heretofore as necessary to pass a special act every time this was done, providing that such use by the Government should not be taken to give to anyone the right to use the copyrighted material found in the Government publication". The Sections of

1462-467: The required copyright notice included a statement specifically identifying those parts of the work that were not U.S. Government work, and therefore subject to copyright protection. According to the House Report, this provision was aimed at a publishing practice that, while technically justified under the present law, has been the object of considerable criticism. In cases where a Government work

1505-401: The right to distribute to the public, but for " commercial off the shelf software", the government typically obtains no better license than would any other customer. The federal government can hold copyrights that are transferred to it. Copyright law's definition of work of the United States government does not include work that the government owns but did not create. For example, in 1837,

1548-436: The text of Federal or State court decisions, statutes, rules of judicial procedures, etc., i.e., governmental edicts and rulings. Copyright was denied on the grounds of public policy: such material as the laws and governmental rules and decisions must be freely available to the public and made known as widely as possible; hence there must be no restriction on the reproduction and dissemination of such documents. While copyright

1591-508: The volunteer "New Dungeness Light Station Association". The spit is open to the public year around. The spit has a campground and "Dungeness Recreation Area" that is also open year-round. The campground features a 1-mile long scenic bluff trail, several miles of hiking/biking trails, and a designated equestrian trail. The spit was first recorded by Europeans during the Spanish 1790 Quimper expedition . British explorer George Vancouver named

1634-550: The waters of Dungeness Bay and Harbor. A number of species of waterfowl stop briefly in the Dungeness area each fall on their way south for the winter and again when they head north in the spring. Many species of waterfowl winter in the area. Dungeness Bay and Harbor support black brant , present from late October through early May, with peak numbers of approximately 3,000-5,000 in April. Shorebirds and water waders feed and rest along

1677-500: The water’s edge. Harbor seals haul out to rest and give birth to pups on the end of Dungeness Spit. The tideflats support crabs, clams, and other shellfish. Dungeness NWR is recognized as an Important Bird Area by the National Audubon Society. The Refuge is internationally significant because many of the birds that stop here breed as far north as Alaska and migrate as far south as South America. The Dungeness area

1720-615: The year. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Fish and Wildlife Service . Copyright status of works by the federal government of the United States A work of the United States government is defined by the United States copyright law , as "a work prepared by an officer or employee of the United States Government as part of that person's official duties". Under section 105 of

1763-400: Was denied in the text of court decisions, material added by a court reporter on his own – such as leadnotes, syllabi, annotations, indexes, etc. – was deemed copyrightable by him, although he was employed by the government to take down and compile the court decisions. These cases may be said to have established the principle that material prepared by a government employee outside of the scope of

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1806-553: Was denied. The Printing Law of 1895, which was designed to centralize in the Government Printing Office, the printing, binding, and distribution of Government documents, contained the first statutory prohibition of copyright in Government publications. Section 52 of that Law provides for the sale by the Public Printer of "duplicate stereotype or electrotype plates from which any Government publication

1849-521: Was the Printing Law enacted in 1895 . Section 52 of that Act provided that copies of "Government Publications" could not be copyrighted. Prior to 1895, no court decision had occasion to consider any claim of copyright on behalf of the Government itself. Courts had, however, considered whether copyright could be asserted as to the text of laws, court decisions, governmental rules, etc., and concluded that such material were not subject to copyright as

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