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The Copyright Act defines different rules for the duration of copyright, depending on the type of work.  For example, the rules for copyright in photographs differ from the rules for copyright in musical works.  The following material types for creative works are defined in the copyright act

  • artistic works and computer software
  • engravings
  • literary, dramatic and musical works
  • photographs

There are also rules for duration of copyright in "subject matter other than works", including specific rules for sound recordings.

The following rules show how we determine the material type from a MARC record. To understand these rules, you will need to have a basic understanding of the MARC standard for bibliographic records.  If you don't know MARC, you could try this tutorial.

Type of work

Rule

Artistic works and computer software

Artistic work if 300 field contains one of the following: watercolour; drawing; painting; and not any of the other test words (e.g. not photograph, not lithograph).
Computer software if leader (000 field) character position 6 contains an 'm'.

Engravings

Engraving if 300 field contains one of the following: engraving; etching; drypoint; lithograph; chromolithograph; woodcut; woodblock; linocut;  aquatint; mezzotint; pochoir; collotype; photogravure and not any of the other test words (e.g not photograph, not watercolour).

Literary, dramatic and musical works

Literary or dramatic if leader (000 field) character position 6 is 'a' or 't' AND 008 character position 33 contains one of : 0, 1, c, d, e, f, h, i, j, m, p, s, u.
Published maps are also considered literary works.  If 300 field contains 'map' and not other test words, the work is considered literary.
Unpublished maps may fit into the categories of artistic works or engravings, but the same rules apply to unpublished artistic and literary works, so we can still use the literary rule for these maps.
Music if leader (000 field) character position 6 contains 'c' or 'd'.
Serial (literary work) if leader (000 field) character position 7 contains 's'.
Note: Manuscript and music collection level records are automatically given "undetermined" status, because there may be a range of formats, dates and many rights holders.
Manuscript collection:  000/06 = t and 000/07 = c
Music collection:  000/06 = c or d and 000/07 = c

Photographs

Photograph if 300$a contains 'photograph' or 'negative' or 'slide or 'transparency' or 'contact sheet' or 'contact print'; OR 300$b contains 'albumen' (and no other words) e.g. an14484190-20 OR 245$h contains 'transparency' OR 691$v contains 'photograph'.

Sound recording

Sound recording if leader (000 field) character position 6 contains 'i' or 'j' OR 852 field in holdings record contains 'oral trc' or 'oral deb'.


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