Duplication & Permission Services at The Bancroft Library

It is your responsibility to comply with all copyright laws in receiving, and any subsequent use of, duplicated material provided by the UC Berkeley Library ("the Library"). It is also your responsibility to undertake due diligence regarding any other (i.e. non-copyright related) legal restrictions that may apply to the materials’ use and distribution (e.g. privacy and publicity rights).

The Library is not responsible for obtaining permission to copy or publish copyrighted materials on your behalf. It is your responsibility to obtain permission from the copyright owner if you determine that your use exceeds fair use and complying with other laws and restrictions before using/publishing.

The Regents of the University of California (UC Regents) grant a one-time, non-exclusive, perpetual worldwide license to use, publish, and/or distribute the material(s) identified for the intended project specified, and under the license terms specified.

License Terms

1. This license pertains solely to UC Regents’ copyright in the Material(s), and does not apply to any rights of publicity or third party rights to content contained within the Material(s)—which must be secured separately. Further, it is the Licensee’s responsibility to assess and comply with all other relevant laws related to privacy in publishing or distributing the Material(s) pursuant to this License Agreement.

2. This license is valid only for the individual, company, or institution to which it is specifically issued and may not be sub-licensed, transferred, assigned, sold, or otherwise disposed of without written permission of the UC Regents. You may not publish or distribute the Material(s) beyond the intended use agreed to in this License Agreement.

3. A license for publication or distribution is granted for one-time use and only for the expressed purpose (i.e. Intended Project) outlined in this License Agreement. Any subsequent use, or change in use, constitutes reuse and a new permissions request must be submitted.

4. If reproductions of the Material(s) are being provided to you, your republication or distribution of them shall not be tinted, reversed, or altered in any way without prior written permission.  Nothing shall be superimposed on the reproduction. A detail or cropped version must be indicated by the word “[detail]” in brackets following the credit.

5. If you distribute any of reproduction(s) online, you must include a link back to the UC Berkeley Digital Collections site (https://lib.berkeley.edu/find/digital-collections) and may not enable download functionality for the reproduction. In addition, the provided reproduction must not be distributed in a lossless file format.

6. Full documentation credit must appear in immediate proximity to the image, or in the section devoted to photographic credits.  The required credit line is:

[Identification of the item], [Name of collection], [Call number of collection], © The Regents of the University of California, The Bancroft Library, University of California, Berkeley.

7. In authorizing the publication of the Material(s) in the manner specified herein, UC Regents do not surrender its own right to publish it, or to grant permission to others to do so. All rights granted herein are non-exclusive.

8. Images from library collections must not be used to assert or imply that UC Regents endorse any commercial product or confirms the accuracy of any text used in conjunction with these photographs.

1. Any digital or physical material obtained via The Bancroft Library duplication services may not be forwarded to another party without permission of The Bancroft Library.
2. Authorization to publish or exhibit facsimiles of collection material or which the UC Regents hold copyright and for which your use exceeds fair use must be obtained in advance and in writing from The Bancroft Library.
3. Facsimiles of collection material still protected by copyright are provided by the Library for personal research use only per 17 U.S. Code § 108.  Making a fair use determination or obtaining permission to use the material after it has been provided to you is your responsibility.
4. If you are obtaining a recording of an oral history interview produced by the Oral History Center (previously the Regional Oral History Office), you affirm that you will not use or quote from any part of the sound recording unless it matches what is available in the transcript before we provide you access to the recording.
5. Digital copies of sound recordings and A/V material are created in conjunction with a third-party vendor. Users requesting access to material for which a digital file has not yet been made must be prepared to meet all costs involved in the making of preservation masters for The Bancroft Library in order to obtain the copies they are requesting.  
6. Delivery of digital images, PDFs, sound recordings, and audiovisual files are only available as electronic (download) via an FTP site. All files must be downloaded within 7 days. A new order must be submitted for any images requested after the deletion.  A download link will be sent to the email associated with the Aeon account which submits the order.
7. Copyright and Other Legal Restrictions: 

• Access to and duplication of collections are subject to restrictions defined by federal and state law, University administrative policies, and gift and bequest agreements.

• The copyright law of the United States (title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material.

  Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specific conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement.

  This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

• Due to copyright restrictions, we are unable to duplicate any commercially produced audiovisual materials. The Bancroft Library will only provide duplication of collection material that is no longer within the prescribed term of copyright, i.e. 95 years from the original date of registration with the U.S. Copyright Office, and films published prior to 1927.  Please note that California has a civil statute that provides that the author of an original work consisting of a sound recording initially fixed prior to 1972, has an exclusive ownership therein until 2047... (California Civil Code § 980(a)(2)), and as such we are unable to provide duplication of this material for any reason.

The Bancroft Library reserves the right to refuse duplication orders that, in our judgment, would violate copyright, privacy, or other pertinent laws.

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Posted pursuant to section 108 of title 17 of the United States Code, §201.14: Warnings of copyright for use by certain libraries and archives.