Self-Publishing & Copyrights

1. Pursuant to 17 U.S. Code, § 105, works of the U.S. government are not protected by copyright - they are generally free for use. A wok is a "work of the U.S. government" if it is "prepared by an officer or employee of the U.S. government as part of that person's official duties." So photos taken by military photographers as part of their official duties would likely be free for your use. It never hurts to gain permission, though, even if you believe them to be outside the scope of copyright. If they are free for use, then it would not matter if they have been re-published in some other work, such as a magazine - but you shold obtain your copies directly from the original source, not by copying the magazine.

2. Personal photos taken by government employees (including the military) which are OUTSIDE their official duties are generally going to have copyright protection as the personal work of the individual in question. You will need to ensure that you have permission to use any of those photos from the person who took the photo, or from the subsequent copyright holder if copyright has been assigned to someone else.

If you're self-publishing a book, especially if you plan to make any money off it, you should consult with a copyright attorney in your area who can help answer your questions as they come up. You might regret it if you don't.

To add to the above answer, here is some general information about copyright and registering your work:

To register a work, send the following three elements in the same envelope or package to:

Library of Congress
Copyright Office
101 Independence Avenue, SE
Washington, DC 20559-6000

1. A properly completed copyright registration application form.
2. The filing fee for the application (see http://www.copyright.gov/circs/circ04.html)
3. Two complete copies of the best edition of the work.


With respect to using dated material, here is the length of copyright:

1. Works published from 1909 through 1921.
The initial copyrighted term of the work was 28 years from the date of publication. If the copyright was renewed during the 28th year, the copyright was extended for an additional 28-year period.
2. Works published from 1922 through 1963.
The initial copyrighted term of the work was 28 years from the date of publication. If the copyright was renewed during the 28th year, the copyright was extended for an additional 67-year period.
3. Works published from 1964 through 1978.
The initial copyrighted term of the work was 28 years from the date of publication, with an automatic renewal of an additional 67 years.
4. Works created on or after January 1, 1978.
The following rules apply to published and unpublished works:
• For one author, the work is copyright-protected for the life of the author plus 70 years.
• For joint authors, the work is protected for the life of the surviving author plus 70 years.
• For works made for hire, the work is protected for 95 years from the first publication or 120 years from the date of its creation, whichever is less.
• For anonymous and pseudonymous works, the work is protected for 95 years from the first publication or 120 years from the date of its creation, whichever is less. (However, if the author's name is disclosed to the U.S. Copyright Office, the work is protected for the life of the author plus 70 years.)