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The State Historical Society of North Dakota routinely grants permission to reproduce items (with credit) from its collections. Permission to publish items from the collections of the State Historical Society of North Dakota for any use must be obtained in writing (see "Permission to Publish Items Reproduced from the Collections of the State Historical Society of North Dakota" which also lists conditions of use and applicable fees).

However, the State Historical Society of North Dakota cannot grant rights which it does not own. All copyrighted works, whether published or unpublished, are under uniform statutory protection. The terms of this protection can be confusing, since copyright law has changed a number of times. The provisions of the copyright law of the United States (Title 17, U.S. Code) also governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," that user may be liable for copyright infringement. The State Historical Society of North Dakota reserves the right to refuse to accept a copying order if in its judgment fulfillment of the order would involve violation of copyright law. Acceptance of a copying order should not be construed as authorization for further reproduction or broader use of the item.

Permission to publish reproduced items, when granted, extends only to those rights which the agency holds. The State Historical Society of North Dakota will provide whatever pertinent information it has available, but it is the responsibility of the publisher to secure necessary permission from the creator of the work. Generally, government records and official publications are not copyrighted and are in the public domain.

Requests for permission to reproduce items from the collections of the State Archives and Historical Research Library should be directed to the State Archivist. Requests for permission to reproduce from publications of the State Historical Society of North Dakota should be directed in writing to the Editor in the Education and Interpretation Division.

Information on copyright is available in circulars from the Copyright Office, Library of Congress, which are on deposit here, and from the Copyright Office web site at lcweb.loc.gov/copyright/ . Another website of interest is located at www.unc.edu/~unclng/public-d.htm. The latter site provides a chart of when works pass into the public domain.

In 1998, Congress enacted the Sonny Bono Copyright Extension Act, essentially adding 20 years to the copyright terms established under the law which went into effect in 1978. The law that went into effect in 1978 established federal statutory copyrights for unpublished materials, with a minimum term that ends December 31, 2002. That minimum term continues, but fewer materials will be in the public domain on January 1, 2003.

Some key points:

	Materials published before 1923 are in the public domain.
	Materials published from 1923 to 1963, when published with notice, were protected for a minimum of 28 years. If not renewed, they are in the public domain. They could have been extended by a renewal for 47 years. That has now been extended by 20 years for a total of 67 years. To determine whether a copyright was renewed may require a search by the Copyright Office.
	Materials created but not published prior to January 1, 1978, are protected by copyright at least until December 31, 2002. Otherwise, life plus 70 years applies. Letters written (and not published) by George Washington and anyone else who died prior to 1932 will be in the public domain January 1, 2003.
	Federal publications are in the public domain.