Welcome to the RightsStatements.org Rights Statement Selection Tool.
- This is the Rights Statement Selection Tool, a decision tree that defines the selection of copyright status statements from RightsStatements.org and Creative Commons. The 12 standardized RightsStatements.org statements that can be used by cultural heritage institutions to communicate the copyright and re-use status of digital objects to the public. A screenreader-friendly version of this visual tool is embedded in the alt text, starting with Step 0. and ending with step 7. Step 8. lists related resources. Step 9. lists credits. The Selection Tool defines correct statement selection for items with a known copyright status, but does not help with the determination of copyright status (see step 8B for links to copyright status determination tools).
Start with 1 in the numbered outline and work your way through the outline logic until you arrive at the correct RightsStatements.org statement or Creative Commons License.
1. Q: Was the year the Work was created >180 years ago?
2. Q: Is it a US Government Work?
3. Q: Was the copyright status of the Work investigated?
- You can use the Copyright Status determination tools to help you determine the copyright status” Hirtle Chart, Society of American Archivists Chart, or Sunstein Chart No, use COPYRIGHT NOT EVALUATED. Stop. Yes, continue to 4.
4. Q: Is the work in copyright?
- Yes, it’s in copyright. Continue to step 5. No, it’s not in copyright. Continue to step 6. The copyright status is ambiguous. Continue to step 7.
5. Work in Copyright. Q: Is the rightsholder identifiable?
- Yes, proceed to 5A. No, continue to 5B.
5A. Rightsholder identifiable/EU Orphan Works status
5B. Q: Is your institution the rightsholder?
- Yes, continue to 5B1. No, continue to 5B2
5B1. Yes, my institution is the rightsholder.
- Q: Does the rightsholding institution waive all or part of their copyrights and related rights worldwide? Yes, proceed to 5c, Creative Commons. No, continue, select from 5B1I,5B1II, or 5B1III
5B1I- Rightsholding institution retains all rights but allows non-commercial use.
5B1II- Rightsholding institution retains all rights but allows educational use.
5B1III- Rightsholding institution retains all rights; only uses covered by Fair Use allowed.
5B2 No, my institution is not the rightsholder, continue.
5B2I- The rightsholder has specified in a donation agreement or other contract that only non-commercial use is permitted.
5B2II- The rightsholder has specified in a donation agreement or other contract that only educational use is permitted.
5B2III- The Work has been acquired without input from the rightsholder, or via a contract that does not specify a type of use.
5B2IV- A donation agreement or other contract allows for the application of a Creative Commons license.
- Proceed to 5C, Creative Commons.
6. Not in Copyright/Public Domain
6A Q: Do usage restrictions apply nonetheless?
6B Q: Are restrictions imposed via a contract?
6C Q: Are restrictions Imposed on commercial use via a public/private digitization partnership?
6D Q: Are restrictions Imposed because of other legal restrictions?
7. Copyright status ambiguous
7A Q: Is the Work probably, but not definitely, in the public domain?
7B Q: Is the Work’s copyright status impossible to determine with the available information?
8. Appendix- related resources and tools
8A US Government works. To determine if your Work is a US government work, consult the following resources.
8B Copyright Status Determination Tools. To determine your item’s copyright status, use the following tools.