PERMISSIONS AND COPYRIGHT

Do I need permission from the Beinecke to publish something in the library's collections?
Do I need to seek permission before publishing?
How do I find out who holds the copyright?
How do I credit the Beinecke as the source of something I am publishing?

Do I need permission from the Beinecke to publish something in the library's collections?

In most cases, the Beinecke Library does not hold the copyright to materials in its collections and so cannot grant or deny permission to publish them, nor can the Library assume responsibility for determining their copyright status. Permission to examine materials or sale of a photoduplication for scholarly research does not grant authorization to publish. It is your responsibility to determine whether materials are under copyright, to discover who owns the copyright, and to obtain permission to publish. In most cases, it is not necessary to seek the Library's permission to publish texts or images. In a few special circumstances, listed here, the library has been assigned copyright and permission should be obtained by writing the appropriate curator. The Beinecke Rare Book and Manuscript Library should always be cited as the source with the appropriate credit line.



Do I need to seek permission before publishing?

You may wish to look at the following set of questions to help you to determine whether the material is under copyright, and if so, whether the use you propose falls under the "Fair Use" exception to U.S. copyright law:

1. Is the material in the public domain (i.e. no longer subject to copyright)?
   
   Cornell University has published a chart that helps identify what is and is not in the public domain in the United States. If something can be proven to be in the public domain, then you do not need to seek permission to publish it. As stated above, the Beinecke Rare Book and Manuscript Library should be cited as the source with the appropriate credit line.
   
   
2. Does your use of the material fall under the "Fair Use" exception of copyright law?
   
   The U.S. Government Copyright Office lists these examples of activities that have been regarded as "fair use":
   
   
   • Quotation of excerpts in a review or criticism for purposes of illustration or comment
   • Quotation of short passages in a scholarly or technical work, for illustration or clarification of the author's observations
   • Use in a parody
   • Summary of an address or article, with brief quotations, or in a news report
   • Reproduction by a library of a portion of a work to replace part of a damaged copy
   • Reproduction by a teacher or student of a small part of a work to illustrate a lesson
   • Reproduction of a work in legislative or judicial proceedings or reports
   • Incidental and fortuitous reproduction, in a newsreel or broadcast, of a work located in the scene of an event being reported
     
     
3. If the material is still under copyright and your use of it does not fall under the "fair use" exception, you must write to the copyright holder to obtain permission to publish. Refer to the U.S. Copyright Office for further guidance in abiding by current copyright law.
   
   

How do I find out who holds the copyright?

The copyright holder is usually the creator of the material, his or her heirs, or his or her assigns. Several resources are available to determine who owns the copyright to materials:

WATCH File: The WATCH File (Writers, Artists, and Their Copyright Holders) is a database containing primarily the names and addresses of copyright holders or contact persons for authors and artists whose archives are housed, in whole or in part, in libraries and archives in North America and the United Kingdom. The objective in making the database available is to provide information to scholars about whom to contact for permission to publish text and images that still enjoy copyright protection. WATCH is a joint project of the Harry Ransom Humanities Research Center at The University of Texas at Austin and the University of Reading Library, Reading, England.

U.S. Copyright Office: Includes information related to compliance with copyright law. You can search a public database of registered copyright information to determine if a work is protected by copyright.

How do I credit the Beinecke as the source of something I am publishing?

Beinecke Rare Book and Manuscript Library, Yale University

Yale Collection of American Literature, Beinecke Rare Book and Manuscript Library

Yale Collection of German Literature, Beinecke Rare Book and Manuscript Library

Yale Collection of Western Americana, Beinecke Rare Book and Manuscript Library

The James Marshall and Marie-Louise Osborn Collection, Beinecke Rare Book and Manuscript Library, Yale University

Frederick R. Koch Collection. Beinecke Rare Book and Manuscript Library, Yale University

Contact: beinecke.library@yale.edu or the appropriate curator if you are unsure which credit line is appropriate.