Copyright Policy

This document outlines the copyright policy pertaining to all content and materials found on the Legends of America website. It details the ownership of intellectual property, the use of materials from other sources, and the specific considerations regarding historic photographs.

Copyright © 2003-Present Legends of America

All rights are reserved for all photographs and content featured on this website. Unless explicitly stated otherwise, Legends of America either possesses the intellectual property rights for the HTML code, text, images, and other content available on the site, properly credits the owner or submitter of the content, utilizes material that falls within the public domain, or operates under the principles of "fair use."

For detailed information regarding the reproduction or reprinting of materials found on Legends of America, please refer to our dedicated Reproduction/Reprint Policy.

Use of Other Works:

The ethos of Legends of America is firmly rooted in respect for intellectual property. The website has no intention of infringing upon the copyrights of others. If you believe that your intellectual property is being used on this site without the necessary authorization, we urge you to contact us immediately. You can reach us via email or through regular mail at the address provided.

Historic Photographs:

The content of Legends of America is enriched by a vast collection of photographs, numbering in the thousands, which vividly depict the American West and various facets of American History. While a significant portion of the images showcasing contemporary views of destinations within the West are either owned by Legends of America or generously submitted by our valued readers, other images are carefully utilized with due credit given to the original photographer and the source website from which they were obtained. Furthermore, we leverage a substantial number of photographs sourced from public domain resources, including but not limited to the National Park System, the Library of Congress, the National Archives, and other official United States Government entities. The utilization of other historic photographs adheres strictly to the stipulations outlined in the copyright law of the United States. The Copyright Policy ensures proper usage of images.

According to United States copyright law, for works initially published prior to 1978, the complete absence of a copyright notice on a published copy serves as a strong indication that the work was never afforded copyright protection. Moreover, U.S. copyright protection for any work that was published or copyrighted before January 1, 1923, has definitively expired by operation of law. Consequently, such works have permanently entered the public domain within the United States. The Copyright Policy is intended to follow the law.

Understanding Copyright and Public Domain:

To fully grasp the principles underlying this Copyright Policy, it is essential to understand the fundamental concepts of copyright and the public domain. Copyright, a legal right granted to the creator of original works of authorship, including literary, dramatic, musical, and certain other intellectual works, provides exclusive rights for a specific period. These rights typically encompass the ability to reproduce, distribute, display, and create derivative works from the copyrighted material.

In contrast, the public domain represents the realm of works that are no longer protected by copyright law. This can occur for various reasons, including the expiration of the copyright term, the forfeiture of copyright protection, or the inapplicability of copyright law to certain types of works. Works in the public domain are free for anyone to use, copy, distribute, and adapt without seeking permission or providing attribution. Legends of America, as outlined in its Copyright Policy, actively utilizes public domain resources to enhance its content.

Fair Use Doctrine:

The concept of "fair use" plays a crucial role in copyright law, allowing for the limited use of copyrighted material without permission from the copyright holder. This doctrine is typically applied for purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. The determination of whether a particular use qualifies as fair use involves a careful balancing of several factors, including:

• The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes
• The nature of the copyrighted work
• The amount and substantiality of the portion used in relation to the copyrighted work as a whole
• The effect of the use upon the potential market for or value of the copyrighted work

Legends of America strives to adhere to the principles of fair use when incorporating copyrighted material into its content, as detailed in its Copyright Policy.

Restored Photographs:

While Legends of America utilizes many photographs that are in the public domain, a significant portion of our historic photographs have undergone meticulous restoration. This painstaking process involves the removal of numerous defects commonly found in older photographs, such as noise, tears, watermarks, and other imperfections. This restoration process imparts a unique quality to these photographs, making them exclusive to Legends of America. Consequently, these restored photographs cannot be used elsewhere without obtaining explicit written permission. To visually distinguish them, photographs that have undergone restoration are presented in sepia tones on the website. This is an important facet of the Copyright Policy.

The restoration process undertaken by Legends of America adds substantial value to the original photographs. It transforms faded, damaged images into clear, visually appealing representations of historical moments. This process often involves not only removing defects but also enhancing contrast, sharpness, and overall clarity, allowing viewers to better appreciate the details captured in the original photograph.

By investing significant time and resources in the restoration of historic photographs, Legends of America aims to preserve and share these invaluable visual records with a wider audience. The exclusive nature of these restored photographs reflects the effort and expertise involved in bringing them back to life.

Legends of America’s Commitment to Copyright:

Legends of America is deeply committed to upholding copyright law and respecting the intellectual property rights of others. This commitment is reflected in every aspect of our content creation and curation process. We diligently research the copyright status of all materials used on our website, ensuring that we either have the necessary permissions or that the use falls within the boundaries of fair use or public domain.

We actively encourage our readers and contributors to adhere to copyright principles when submitting content to our website. We provide clear guidelines on proper attribution and sourcing, and we reserve the right to remove any content that we believe infringes upon the copyright of others.

Our Copyright Policy is regularly reviewed and updated to reflect changes in copyright law and best practices. We are committed to transparency and open communication regarding our copyright practices, and we welcome any questions or concerns from copyright holders.

By maintaining a strong commitment to copyright compliance, Legends of America aims to foster a respectful and ethical environment for the sharing of historical knowledge and cultural heritage. We believe that protecting intellectual property rights is essential for encouraging creativity and innovation, and we are proud to play our part in upholding these principles.

In conclusion, the Legends of America Copyright Policy provides a comprehensive framework for the use of copyrighted materials on the website. It outlines the principles of copyright law, the concepts of public domain and fair use, and the specific considerations regarding historic photographs. By adhering to this policy, Legends of America strives to respect the intellectual property rights of others while providing valuable and informative content to its readers. The detailed Copyright Policy is available for review on the website.