Misplaced Pages

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59-577: The Merrick Mountains ( 75°06′S 72°04′W  /  75.100°S 72.067°W  / -75.100; -72.067  ( Merrick Mountains ) ) are a cluster of mountains, 8 nautical miles (15 km; 9.2 mi) long, standing 7 nautical miles (13 km; 8.1 mi) northeast of the Behrendt Mountains in Ellsworth Land , Antarctica. Download coordinates as: The Merrick Mountains are in eastern Ellsworth Land , to

118-485: A bare rock northern face, standing 2 nautical miles (3.7 km; 2.3 mi) south of Mount Goodman. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Henry E. Suggs, equipment operator of United States Navy Mobile Construction Battalion One, who participated in the deployment to new Byrd Station, summer 1961-62. 75°14′S 72°14′W  /  75.233°S 72.233°W  / -75.233; -72.233 . A mountain marking

177-553: 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

236-576: 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

295-506: 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

354-451: A visit to the area by a USGS geological party, 1977-78, after Lieutenant Commander Ronald A. Stanton, United States Navy, command pilot of an LC-130 Hercules aircraft in support of the party. 75°51′S 72°29′W  /  75.850°S 72.483°W  / -75.850; -72.483 . A prominent isolated mountain 1,120 metres (3,670 ft) high located 12 nautical miles (22 km; 14 mi) southwest of Mount Home. The feature

413-408: 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

472-472: 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

531-432: 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

590-699: 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

649-643: The Pensacola Mountains in 1963-64 and 1965–66. Download coordinates as: 75°27′S 73°17′W  /  75.450°S 73.283°W  / -75.450; -73.283 . A prominent mountain 8 nautical miles (15 km; 9.2 mi) west of Mount Hirman in the Behrendt Mountains. Discovered and photographed from the air by the RARE, 1947-48, under Finn Ronne. Named by Ronne for Colonel L. William Glowa, aide to Gen. Curtis LeMay at

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708-547: 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

767-584: 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

826-454: 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

885-625: The 1984-85 season by a USARP geological party led by Peter D. Rowley of the United States Geological Survey. Upon his suggestion, named by US-ACAN, 1986, after Janet Wendy Thomson, BAS geologist; British Exchange Scientist with the Rowley party who climbed to the summit of this mountain; from 1992. She was Head, Mapping and Geographic Information Centre, BAS. 75°16′S 72°13′W  /  75.267°S 72.217°W  / -75.267; -72.217 . A mountain with

944-727: The Antarctic Peninsula Traverse party to this area, 1961-62. 75°22′S 72°37′W  /  75.367°S 72.617°W  / -75.367; -72.617 . A mountain 2.5 nautical miles (4.6 km; 2.9 mi) west of Mount Abrams. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Neil M. Brice, radioscience researcher in this area at Camp Sky-Hi, summer 1961-62. 75°22′S 72°27′W  /  75.367°S 72.450°W  / -75.367; -72.450 . A mountain 2.5 nautical miles (4.6 km; 2.9 mi) east of Mount Brice. Discovered and photographed from

1003-536: 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

1062-472: The Eights Station winter party in 1963. 75°11′S 71°24′W  /  75.183°S 71.400°W  / -75.183; -71.400 . Prominent isolated mountain 1,615 metres (5,299 ft) high located 9 nautical miles (17 km; 10 mi) east-southeast of Merrick Mountains. First seen and photographed from the air by RARE, 1947–48. Named by US-ACAN for Peter J. Wasilewski, member of

1121-480: 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

1180-470: 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

1239-1185: The R4D aircraft party which established a base camp in the Eights Station vicinity in 1961. 75°18′S 72°25′W  /  75.300°S 72.417°W  / -75.300; -72.417 . A conspicuous mountain rising midway between Mount Chandler and Mount Huffman, in the interior ice-filled valley of the Behrendt Mountains. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Lindsay P. Caywood, Jr., geomagnetist at Camp Sky-Hi in this vicinity, summer 1961-62. 75°19′S 72°16′W  /  75.317°S 72.267°W  / -75.317; -72.267 . A prominent mountain 4 nautical miles (7.4 km; 4.6 mi) northeast of Mount Abrams. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Jerry W. Huffman, scientific leader at Eights Station in 1963. 75°16′S 72°26′W  /  75.267°S 72.433°W  / -75.267; -72.433 . A mostly snow-covered mountain rising to 1,515 metres (4,970 ft) high between Mount Goodman and Mount Chandler. These mountains were visited during

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1298-426: The RARE, 1947-48, under Ronne, who named it for Bernard Home of Pittsburgh, PA, who furnished wind-proofs and other clothing for the expedition. 75°30′S 71°45′W  /  75.500°S 71.750°W  / -75.500; -71.750 . An isolated nunatak group 10 nautical miles (19 km; 12 mi) west-northwest of Thomas Mountains. First seen and photographed from the air by RARE, 1947-48. The name

1357-663: The RARE, 1947-48, under Ronne, who named these mountains for noted author and radio commentator Lowell Thomas, a supporter of the expedition. 75°34′S 70°56′W  /  75.567°S 70.933°W  / -75.567; -70.933 . The highest peak 1,485 metres (4,872 ft) high in the Thomas Mountains, located south of Sweeney Mountains. Discovered and roughly mapped by the RARE, 1947–48, led by Commander Finn Ronne, United States Navy Reserve. Mapped in greater detail by USGS from surveys and United States Navy aerial photographs, 1961-67. Named by US-ACAN following

1416-574: The RARE, 1947–48, led by Ronne. Named by US-ACAN for Patrick Quilty, geologist with the University of Wisconsin survey party to this area, 1965-66. 75°46′S 71°44′W  /  75.767°S 71.733°W  / -75.767; -71.733 . Highest 1,165 metres (3,822 ft) high and most prominent mountain in the Quilty Nunataks, standing 12 nautical miles (22 km; 14 mi) east-northeast of Mount Hassage. Discovered by

1475-497: 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

1534-463: The U.S. government does not put that work in 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

1593-531: 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

1652-487: The United States Government as part of that person's official duties". Under section 105 of 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

1711-484: 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

1770-581: The University of Wisconsin Traverse Party to this area and flew support missions in its behalf in the 1965-66 season. 75°08′S 72°36′W  /  75.133°S 72.600°W  / -75.133; -72.600 . A cluster of nunataks located 6 nautical miles (11 km; 6.9 mi) west of the Merrick Mountains. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for K.C. Henry, engineman with

1829-663: The University of Wisconsin parties which explored this area in the 1961-62 and 1965-66 seasons. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Geological Survey . Behrendt Mountains The Behrendt Mountains are in the east of Ellsworth Land to the southwest of the Merrick Mountains and northwest of the Hauberg Mountains . The Lyon Nunataks are to

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1888-634: The air and photographed by the RARE, 1947-48, under Finn Ronne. The mountain was named by Ronne for Ralph A. Becker, legal counsel who assisted in the formation of RARE and in obtaining financial support for the expedition. 75°04′S 71°57′W  /  75.067°S 71.950°W  / -75.067; -71.950 . A mountain with a steep northern rock face, standing 2 nautical miles (3.7 km; 2.3 mi) northeast of Mount Becker. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Lieutenant Commander Raymond E. Berger, United States Navy, aircraft pilot who flew

1947-641: The air by the Ronne Antarctic Research Expedition (RARE), 1947–48, under Finn Ronne . They were named by United States Advisory Committee on Antarctic Names (US-ACAN) for John C. Behrendt, traverse seismologist at Ellsworth Station in 1957. Behrendt led the Antarctic Peninsula Traverse party to these mountains in the summer of 1961–62, and carried out investigations in Marie Byrd Land and

2006-681: The air by the Ronne Antarctic Research Expedition (RARE), 1947–48, under Finn Ronne . They were named by the United States Advisory Committee on Antarctic Names (US-ACAN) for Conrad G. Merrick, United States Geological Survey (USGS) topographic engineer with the Antarctic Peninsula Traverse Party, 1961–62, who participated in the survey of these mountains. 75°10′S 72°00′W  /  75.167°S 72.000°W  / -75.167; -72.000 . A prominent nunatak marking

2065-488: The air by the RARE, 1947-48, under Finn Ronne. Named by Ronne for Talbert Abrams, a noted photogrammetric engineer and instrument manufacturer, who was a supporter of RARE. 75°19′S 72°32′W  /  75.317°S 72.533°W  / -75.317; -72.533 . A nunatak 2 nautical miles (3.7 km; 2.3 mi) southwest of Mount Caywood. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for George D. Luck, crew member of

2124-399: 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

2183-425: 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

2242-444: 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

2301-1348: The horseshoe-shaped confines of the Behrendt Mountains, in Ellsworth Land. The name originated as a field name of the University of Wisconsin Traverse Party, 1965-66, which surveyed this area. 75°21′S 72°48′W  /  75.350°S 72.800°W  / -75.350; -72.800 . A mountain 3 nautical miles (5.6 km; 3.5 mi) west-northwest of Mount Brice. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Michael L. Trimpi, radioscience researcher at Eights Station in 1963. 75°18′S 72°41′W  /  75.300°S 72.683°W  / -75.300; -72.683 . A mountain 3.5 nautical miles (6.5 km; 4.0 mi) southwest of Mount Chandler. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Charles S. Neuner, station engineer at Camp Sky-Hi, summer 1961-62. 75°17′S 72°33′W  /  75.283°S 72.550°W  / -75.283; -72.550 . A mountain 2.5 nautical miles (4.6 km; 2.9 mi) northwest of Mount Caywood. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Lieutenant Commander J.L. Chandler, United States Navy, pilot of R4D aircraft in support of

2360-405: 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

2419-502: 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

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2478-649: The northeast extremity of the Behrendt Mountains. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN after Alan L. Goodman, aurora scientist at Eights Station in 1963. 75°17′S 73°12′W  /  75.283°S 73.200°W  / -75.283; -73.200 . A group of loosely clustered nunataks which extend over 12 nautical miles (22 km; 14 mi) and rise to about 1,300 metres (4,300 ft) high, centered 8 nautical miles (15 km; 9.2 mi) west of Mount Neuner. Mapped by USGS from surveys and United States Navy aerial photographs, 1961-67. Named by US-ACAN following

2537-454: The northwest. Features, from southwest to northeast, include Mount Glowa, Mount Hirman, Happy Valley, Mount Trimpi, Mount Neuner, Mount Chandler, Mount Brice, Mount Abrams, Luck Nunatak, Mount Caywood, Mount Huffman, Mount Suggs and Mount Goodman. Nearby features to the south and east include Mount Hassage, Quilty Nunataks, Mount Horne, Weather Guesser Nunataks and the Thomas Mountains. The Behrendt Mountains were discovered and photographed from

2596-489: 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

2655-405: 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

2714-442: 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

2773-426: 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

2832-467: 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

2891-401: 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,

2950-559: The south of the English Coast of George VI Sound They are northeast of the Behrendt Mountains and west of the Sweeney Mountains . Features include, from south to north, Eaton Nunatak, Mount Boyer, Mount Matheson, Mount Becker and Mount Berger. Nearby features include Henry Nunataks, Cheeks Nunatak , Lyon Nunataks , Sky-Hi Nunataks and Mount Wasilewski. The Merrick Mountains were discovered and photographed from

3009-1193: The southeast extremity of the Merrick Mountains. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for John W. Eaton, aurora scientist at Eights Station in 1963. 75°07′S 72°04′W  /  75.117°S 72.067°W  / -75.117; -72.067 . A mountain 1 nautical mile (1.9 km; 1.2 mi) southwest of Mount Becker. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Francis C. Boyer, hospital corpsman, United States Navy, chief petty officer in charge of Eights Station in 1964. 75°05′S 72°10′W  /  75.083°S 72.167°W  / -75.083; -72.167 . A mountain 2 nautical miles (3.7 km; 2.3 mi) northwest of Mount Boyer. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-AC AN for Lome D. Matheson, ionospheric physics researcher at Eights Station in 1963. 75°06′S 72°02′W  /  75.100°S 72.033°W  / -75.100; -72.033 . A prominent mountain 1 nautical mile (1.9 km; 1.2 mi) northeast of Mount Boyer. These mountains were discovered from

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3068-436: 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

3127-664: The time RARE was organized, who assisted in obtaining support for the expedition. 75°28′S 72°46′W  /  75.467°S 72.767°W  / -75.467; -72.767 . A prominent mountain marking the south end of the Behrendt Mountains. Mapped by USGS from surveys and United States Navy air photos, 1961-67. Named by US-ACAN for Joseph W. Hirman, scientific leader at Eights Station in 1965. 75°22′S 72°40′W  /  75.367°S 72.667°W  / -75.367; -72.667 . An ice-filled valley, 3 nautical miles (5.6 km; 3.5 mi) wide and over 10 nautical miles (19 km; 12 mi) long, lying within

3186-535: The visit of a USGS geological party, 1977-78, after Joseph M. Boyles, a geologist with the party. [REDACTED]  This article incorporates public domain material from websites or documents of the United States Geological Survey . 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

3245-400: 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

3304-553: 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

3363-502: Was discovered by the RARE under Ronne, and marks the southwest extremity and turnabout point of the RARE plane flight of November 21, 1947. Named by Ronne for Charles Hassage, ship's chief engineer on the expedition. 75°45′S 71°45′W  /  75.750°S 71.750°W  / -75.750; -71.750 . A group of nunataks which extend over 8 nautical miles (15 km; 9.2 mi), located 15 nautical miles (28 km; 17 mi) southwest of Thomas Mountains. Discovered by

3422-441: Was suggested by Russell R. White, Jr., United States Navy aerographer and member of the University of Wisconsin survey party to the area, 1965-66. 75°33′S 70°57′W  /  75.550°S 70.950°W  / -75.550; -70.950 . A separate cluster of rocky mountains, about 5 nautical miles (9.3 km; 5.8 mi) long, standing 15 nautical miles (28 km; 17 mi) northeast of Mount Home. Discovered by

3481-521: 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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