|
|
|
|
|
|||
 |
 |
 |
 |
 |
|
|
|||||
 |
|
|
| Ask a Question / Ordering Copies, Photographs, Scans / Permissions and Copyright | ||
|
||
|
||
|
PERMISSIONS AND COPYRIGHT
Terms and Conditions / Public Domain and Fair Use / Commercial Use / Privacy, Publicity, and Third Party Rights The Beinecke Library is committed to providing broad access to its collections for teaching, learning, and research. The Beinecke's website, catalog records, finding aids, and digital images enhance discoverability and promote use of both the digital and the original object. The Beinecke does not warrant that use of the text, images, and content displayed on our website will not infringe the rights of third parties not affiliated with the Beinecke. By downloading, printing, or otherwise using text and images from this website, you agree to comply with the terms and conditions detailed here. To support the teaching mission of Yale and scholarly research, the Beinecke provides access to a wide array of materials that are in the public domain as well as materials that are protected by copyright. If something can be proven to be in the public domain, then you do not need to seek permission to publish it. Cornell University publishes a useful chart that identifies what is and is not in
the public domain in the United States.
If you use our materials online or in print, we ask that the Beinecke Rare Book and Manuscript Library
always be cited as the source with the appropriate credit line. 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 for purposes other than Fair Use, nor can
the Library assume responsibility for determining their copyright status. It is your responsibility to
determine whether materials are under copyright, to discover who owns the copyright, and to obtain permission to publish. You are solely responsible for determining whether the use of any item or digital image requires the permission of any other person or entity. 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 to certain collections. The Beinecke Library
should always be cited as the source with the appropriate credit line. Privacy, Publicity, and Third Party Rights Privacy and publicity rights are separate and distinct issues from copyright. Patrons wanting to use materials from the Beinecke's collections or website are responsible for determining whether privacy and publicity rights need to be addressed. While copyright laws protect the copyright owner's property rights in the work, privacy and publicity rights protect the interests of the people who are the subject of the work. Issues pertaining to privacy and publicity may arise when you contemplate the use of letters, oral histories, diary entries, photographs, or reportage in visual, audio, and print formats in the Beinecke's collections. Because two or more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee), privacy and publicity issues emerge with some frequency. The distinctions among privacy rights, publicity rights, and copyright are best illustrated by example: An advertiser wishes to use a photograph for a print advertisement. The advertiser approaches the photographer, who owns the copyright to the photograph, and negotiates a license to use the photograph. The advertiser is also required to determine the relationship between the photographer and the subject of the photograph. A formal relationship, usually a release form signed by the subject, will permit the photographer to license the use of the photograph for all uses. If no formal relationship exists that permits the photographer to license the use of the photograph for all uses, then the advertiser must seek permission from the subject of the photograph because the subject has retained both privacy and publicity rights in the use of their likeness. The publicity right of the subject means that a person's image may not be commercially exploited without consent and possibly compensation. While copyright is federally protected under the United States Copyright Act, with statutorily described Fair Use defenses against charges of copyright infringement, neither privacy nor publicity rights are subject to federal law. However, they are subject to state laws; what may be permitted in one state may not be permitted in another. Although Fair Use is a defense to copyright infringement, it is not a defense to claims of violation of privacy or publicity rights. While a person's right to privacy generally ends with individual's death, publicity rights associated with the commercial value of an individual's name, image, or voice may continue. For example, many estates or representatives of famous authors, musicians, actors, photographers, politicians, sports figures, celebrities, and other public figures continue to control and license use of those figures' names and their likenesses. In cases where Beinecke Library materials are protected by third party rights, you are responsible for clearing the necessary rights in order to use the materials in question. For example, if you want to download a photo that is still protected by copyright for use in a paper, you must determine whether your proposed use requires consent from the copyright holder, and, if so, you must secure the permission of the copyright holder. In some cases, you may also need to secure the consent of people who appear in photographs in order to comply with privacy and publicity rights. Because the Library’s collections are vast, we are not in a position to provide advice to patrons about which materials are protected by third party rights and which materials may be used freely. The Library of Congress maintains information about copyright, fair use and other related topics.
Contact the Library with information about an item Whenever possible, the Beinecke provides factual information about copyright owners and related matters. If you have more information about an item you've seen on our website or if you are the copyright owner and believe our website has not properly attributed your work or has used it without permission, please contact beinecke.library@yale.edu.
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.
Contact: beinecke.library@yale.edu or the appropriate curator if you are unsure which credit line is appropriate. |