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Copyright Issues

 

Determining Copyrights

The nature of historical, archival and manuscript collections often make it difficult to determine the exact copyright status of an item. There are many issues related to copyright. There are several resources on the Internet that can help you to determine the copyright status of the materials in your collections:

Copyright Issues for Libraries When Digitizing Materials for the Web
From the Michigan Library Consortium. This site includes a simple workform for determining if a work is protected by copyright or is in the public domain.

Library Digitization Projects and Copyright
By Mary Minow, JD, A.M.L.S. This is an extensive site that can assist you in determining when a work passes into the public domain.

Copyright Term and the Public Domain in the United States
By Peter B. Hirtle, Cornell University. A chart listing the dates for copyright and public domain.

When U.S. Works Pass Into the Public Domain
By Lolly Gasaway, University of North. Carolina A chart listing when works pass into the public domain.

Is It Protected by Copyright? By Michael Brewer of the ALA Office for Information Technology Policy, 2012.

Copyright Statement

All items available through or included in the Iowa Heritage Digital Collections (IHDC) may be protected by the U.S. Copyright Law (Title 17, U.S.C.). Use of some items may also be subject to additional restrictions imposed by the copyright owner and/or the contributing institution. Transmission, reproduction, or other use of protected items beyond that allowed by fair use under the copyright laws generally requires written permission of the copyright owners. Users must make their own assessments of rights in light of their intended use.

Contributing institutions are those who make digital content available through the IHDC. These institutions may or may not own the digital and/or original materials and may or may not own the copyright to the materials. Users have an obligation to determine and satisfy any copyright or other use restrictions when copying, publishing, or otherwise distributing or using materials available through or included in the IHDC.

Please contact the contributing institution for information regarding copyright status of a particular digital item.

The contributing institutions are eager to hear from any copyright owners who are not properly identified so that accurate information may be provided to users.

Defense, Indemnification, and Hold Harmless

Contributing institutions will be solely responsible for all of their content content. Contributing institutions and users agree that as a condition of contributing or using materials available through or included in the IHDC, they will defend, indemnify and hold harmless the State Library of Iowa from and against any and all claims, suits, actions, demands or proceedings (whether threatened, asserted or filed) and all related damages, losses, liabilities, costs and expenses (including but not limited to reasonable attorney fees) arising out of or relating to: (a) contributing institutions' and users' unlawful or improper use of the services, (including, but not limited to, copyright violation), and (b) any actual or alleged violation of any proprietary or nonproprietary rights (including, but not limited to, defamation, libel, and rights of privacy or publicity) by any contributing institution content.

Privacy and Publicity Rights

Privacy and publicity rights reflect interests separate and distinct from copyright interests. Users of materials available through the IHDC  bear the responsibility to make individualized determinations as to whether privacy and/or publicity rights are implicated by the nature of the materials and how they use such materials.

User Responsibilities

By their use of these digital items, users agree to follow these conditions of use:

    * all users have an obligation to determine whether their use of copyright protected material may be prohibited or restricted, or may be available for "fair use" under the copyright laws. (See WARNING below)

    * all users have an obligation to determine whether their use of material may violate privacy and/or publicity rights (see WARNING below)

    * materials may not be used for any commercial purpose without prior written permission from the contributing institution and the copyright owner (if not the contributor)

    * materials may not be re-published in print or electronic form without prior written permission from the contributing institution and the copyright owner (if not the contributor)

    * materials may not be mounted on an additional server for public use, or for use by a set of subscribers without prior written permission from the contributing institution and the copyright owner (if not the contributor)

WARNING: Users should be aware that materials made available through this website may be subject to additional restrictions including but not limited to copyright and the rights of privacy and publicity, of parties other than the contributing institutions. Users are solely responsible for determining the existence of such rights and for obtaining any permissions that may be necessary for the proposed use. If the copyright owner is not identified by the contributing institution, the contributing institution should be contacted for additional information.

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