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Duplication & Permission Services at The Bancroft Library: Frequently Asked Questions

A guide to the duplication and permission services available at The Bancroft Library, including information on how to request these services and a list of frequently asked questions.

Frequently Asked Questions

The Bancroft Library receives approximately 50-75 new duplication and permission orders every week.  Library staff have found that many patrons have the same questions about the ordering process, so we have created a list of frequently asked questions (FAQs) to help guide you through the ordering process.  Please read through the list of FAQs below before emailing staff with a question, as it is likely that it has already been answered.

Duplication FAQs

 

  1. I would like to order a facsimile of material that I looked at in the reading room, how do I do that?
  2. I am unable to come to the reading room to look at material in person, am I still able to order a facsimile?
  3. I submitted my order in Aeon, now what?
  4. I need a facsimile by next week, but the form says duplication services take 45 / 60 business days, can I pay for rush services?
  5. What is the difference between a PDF and TIFF?
  6. Are there any legal limitations on what can be reproduced?
  7. My duplication order was denied even though it falls within the legal parameters outlined above.  Are there other limitations I should be aware of?
  8. I can’t figure out how much I may owe, can someone help?
  9. How can I get a discount on the duplication fees?

 

  1. I would like to order a facsimile of material that I looked at in the reading room, how do I do that?  All requests for any type of duplication (photocopy, PDF, TIFF, or A/V format) must be placed through Aeon. If you are looking / have already looked at the material in the reading room you can add duplication and/or permission services to your existing request. Step by step instructions on how to complete this process may be found under the How To Order Services tab of this LibGuide.
  2. I am unable to come to the reading room to look at material in person, am I still able to order a facsimile?  Absolutely!  You can look on Calisphere and / or the Online Archive of California (OAC) for images from our collection.  Instructions on how to place an order for these materials can be found on the How to Order Services tab. Unfortunately, because of the amount of orders we receive every day, we are not able to do research for patrons. If you know the probable location of the item within a collection, then we can look and confirm it is there. We cannot take on any research projects, but can provide recommendations for qualified researchers in the area.  Please contact Bancroft Reference at bancref@library.berkeley.edu for the current list of local independent researchers.
  3. I submitted my order in Aeon, now what? Staff will look at your request and see if there is any reason that we cannot fulfill it, which may include restrictions on material due to fragility, donor stipulations, personal information, copyright, etc. If a digital file of your order is not pre-existing, staff will pull the physical material and check to make sure it can safely be duplicated. Bancroft staff will then create an invoice for you based on your order and send you an email once it is ready (usually within 7 business days). Your email will include the instructions on how to approve and pay for the order. Once your order has been approved and paid staff will send the physical material to our Digital Imaging Lab (for PDF or TIFF) to be photographed, to our third party vendors (all A/V orders), or to internal staff (photocopies). The timeframe for completion depends on the original material type and how the digital files are being created. We receive roughly 100 order requests each week and work through them as quickly as we can in the order they are received.
  4. I need a facsimile by next week, but the form says duplication services take 45 / 60 business days, can I pay for rush services?  The volume of requests makes it impossible for us to offer rush services or to guarantee a delivery date. The staff of The Bancroft Library do not provide the majority of the duplication services offered in house, so we are dependent on the availability of the UC Berkeley Digital Imaging Lab (DIL) to provide photography and scanning services for all TIFF and PDF files and our third party vendors for all A/V file types to complete the work. We send the material out as soon as possible and each order is then slotted into their existing queues. We are unable to move our orders up within their queues, so we cannot offer rush services.
  5. Should I order a PDF or a TIFF of my material?  If you are planning on using the reproductions only for research purposes, then requesting PDFs might make the most sense. If you plan on using the images for any purpose beyond personal research, then the high resolution images would be better. We only license the use of TIFFs. However, there is some material which the PDF service cannot accommodate. We cannot reproduce PDFs of anything larger than 11” x 17”, nor can we reproduce some pictorial items as PDFs.

    Please also note, the research quality PDF service accommodates the reproduction of whole volumes, whole folders, or whole collections.

  6. Are there any legal limitations on what can be reproduced?  The Bancroft Library’s policy, based on copyright law, prohibits us from reproducing materials printed/published after 1923. We can make a copy and loan the copy to you through inter-library loan.  The copyright law of the United States (Title 17 United States Code) governs the making of photocopies or other reproductions of copyrighted material and under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If you make a request for, or later use, a photocopy or reproduction for purposes in excess of "fair use," you may be liable for copyright infringement. The Bancroft Library provides all duplicates (photocopies, photographic copies, digital copies, etc.) of materials from its collections via these digital repositories solely for your personal research use under terms specified by the U.S. copyright law. This means that you do not have the right to republish, reproduce, display, distribute, broadcast, digitize and post on the World Wide Web, donate to another repository, offer for sale, or in any other way distribute these duplicates, or any portion thereof, in excess of fair use as defined by copyright law, without securing appropriate permissions from the copyright holder.
  7. My duplication order was denied even though it falls within the legal parameters outlined above.  Are there other limitations I should be aware of?  There may be Library policies, donor restrictions, privacy concerns, or other issues that may prevent Bancroft staff from providing you with duplication of collection material.  You will receive communication from staff outlining why your order was denied at the email address you provided in your Aeon account.
  8. I can’t figure out how much I may owe, can someone help?  Our fees can be found under the Fee Schedule tab on this LibGuide. Staff will provide you with an itemized invoice via Aeon for all services after staff have reviewed your order.
  9. How can I get a discount on the duplication fees?  Unfortunately, we cannot offer any discounts for the reproduction of Bancroft materials, nor can we offer any type of bulk rate for larger orders. Please see our Fee Schedule for our current rates.

Permissions FAQs

  1. I would like to publish a facsimile of material that I found in the collection of The Bancroft Library, what do I need to do?

  2. I submitted my order in Aeon, now what?
  3. I need to send everything to the publisher on Friday! Can you get me the digital image file and / or a signed publication agreement by then?
  4. How do I correctly credit the material in my publication?
  5. My publisher needs you to sign their license / contract, can you do that?
  6. I require rights in perpetuity, is that an option?
  7. I can’t figure out how much I may owe, can someone help?
  8. Why was I charged a commercial rate?
  9. The image I want is on the Online Archive of California and/or Calisphere, can’t I just grab it from there and use it in my book, in my documentary or on my website?
  10. I believe that the material I would like to publish is in the Public Domain. Why do I still need to pay a fee?
  11. I’m working on a book/exhibit/documentary and would like to include some material from the collection of The Bancroft Library. I have a list of 10 images I’m interested in but we might only have space or 5 or 6 images in the finished product. Do I have to pay a permissions fee for images that we might not end up using?
  12. What if I do want to publish something I've already had duplicated via Publication-Quality Imaging?
  13. Can you tell me who currently holds copyright to the material I would like to publish?
  14. I am working on a biography of (insert person here) and I want to make sure no one else publishes the material from The Bancroft Library collection before I do. How can I ensure I have sole rights to publish?
  15. Where do I send the copy of my publication?
  16. I would like to quote from an Oral History created by the Oral History Center, how do I do that?
  17. Copyright sounds really confusing, can you help me find out more information?
  18. I would love to use this portrait I found in your collection in my advertisement for (insert product here). Should I be concerned about anything other than copyright?

  1. I would like to publish a facsimile of material that I found in the collection of the Bancroft Library, what do I need to do? You will need to request both a high resolution image file and permission to publish on the Duplication and Permissions Order form via Aeon. A step-by-step guide can be found under the tab How To Order Services on this LibGuide.  Note that only publication quality images (derived from a high resolution tiff file format) are permitted to be published. The Bancroft Library does not allow publication of any photographs taken by individuals in the Reading Room. Before ordering publications services consult the Fee Schedule to view applicable fees for your use of materials.
  2. I submitted my order in Aeon, now what?  Staff will look at your order and see if there is any reason that we cannot fulfill it, which may include restrictions on material due to fragility, donor stipulations, personal information, etc. A staff member will create an invoice for your order and you will receive an email once it is ready (usually within 7 business days). Your email will include the instructions on how to approve and pay for the order, which can also be found on the Payment tab of this LibGuide. Once your order has been both approved and paid, staff will work on writing your permissions contract and (when applicable) pulling the physical material and sending it to our Digital Imaging Lab (DIL) to be photographed. Your signed permissions contract will include your required credit line for publication and will be emailed to you upon completion of your order.  This process takes approximately 45 business days. We receive between 50-75 new orders each week and work through them as quickly as we can. The volume of requests makes it impossible for us to offer rush services or to guarantee a delivery date.
  3. I need to send everything to the publisher on Friday! Can you get me the digital image file and a signed publication agreement by then?  Due to the large volume of both duplication and permission service requests The Bancroft Library handles we are unable to provide any rush services. In general a Duplication and/or Permissions Order request will take a minimum of 45 business days to be completed. The 45 business day turnaround time begins when payment has been received, not when the order is submitted. It is possible that you will receive the file and signed paperwork in a shorter timeframe, but we cannot guarantee a delivery date.
  4. How do I correctly credit the material in my publication?  The complete and required credit line/citation will be provided to you at the completion of your permissions order. A general credit line is shown below.

    [Title of collection], [Call number of collection]. The Bancroft Library, University of California, Berkeley.

    Ex: Alexander Holland Papers, BANC MSS 80/375 c, box 1:7. Courtesy The Bancroft Library, University of California, Berkeley.

  5. My publisher needs you to sign their license / contract, can you do that? The Bancroft Library cannot sign any license, contract, or other paperwork created by a non-University of California entity.  The University of California counsel has approved our current license and we are required to use that with no alterations.  The terms listed on the current license are listed on the Terms of Use tab.
  6. I require rights in perpetuity, is that an option? Rights are offered for a maximum period of ten years. The University of California does not issue rights in perpetuity.
  7. I can’t figure out how much I may owe, can someone help?  Our fees can be found under the Fee Schedule tab on this LibGuide. Staff will provide you with an itemized invoice via Aeon for all services after staff have reviewed your order.
  8. Why was I charged a commercial rate?  Non-profit fees are applicable only to those organizations able to prove legal not-for-profit status by providing suitable documentation such as tax-exempt certificates or letters of identification.  For-profit corporations, partnerships, private businesses and individuals working for or with non-profit organizations and government agencies on projects or publications sponsored by those organizations may be eligible to receive non-profit rates with suitable letters of identification.
  9. The image I want is on the Online Archive of California and/or Calisphere, can’t I just grab it from there and use it in my book, in my documentary or on my website?  The images found on both the Online Archive of California and Calisphere are medium resolution images in a jpeg file format. The Bancroft Library requires that all images used in publication be derived from our high resolution preservation master tiff files. A high resolution image file can be obtained through duplication services and is a requirement of obtaining permission to publish any reproduction of collection material. For more information about the image file types available please see the Duplication Services tab on this LibGuide.  

  10. I believe that the material I would like to publish is in the Public Domain. Why do I still need to pay a fee?  These fees are assessed by The Bancroft Library as the owner of the physical collection material and must be distinguished from any fees that might be assigned/assessed by a copyright holder (if one exists). The current policy is that these fees are assessed regardless of the copyright status of the material, as they are considered access fees and not copyright fees. We do not waive fees based on the copyright status of collection material.

  11. I’m working on a book/exhibit/documentary and would like to include some material from the collection of The Bancroft Library. I have a list of 10 images I’m interested in but we might only have space or 5 or 6 images in the finished product. Do I have to pay a permissions fee for images that we might not end up using?  We recommend ordering just the high-resolution images first, with no permissions attached. Once you have figured out exactly what reproductions will be in your project you can submit a permissions only request for just the images that you would like to use. Be sure to note on your permissions form that you have already received the high-resolution image file from us when filling it out.

    We do not offer refunds for permission fees paid for but then not used in your project (see our eCommerce page for more information).

  12. What if I do want to publish something I've already had duplicated via Publication-Quality Imaging?  The Bancroft Library currently requires that all requests to publish are submitted on the Duplication and Permissions Order form via Aeon, approved by the Permissions and Access Officer, and fees are then assessed for all publications. This is in addition to you being required to obtain copyright clearance.

    When placing your request select the “Permission Only” option on the Duplication and Permissions Order form in Aeon. Please make a note in the “Notes to Library Staff” field that a high resolution image has been obtained previously, with the invoice number of that order.

    Please note that while The Bancroft Library owns the materials in our collections, we usually do not own the copyright to these materials, except where it has been explicitly transferred to the Berkeley Regents. You are solely responsible for determining the copyright status of materials and obtaining permission to use material from the copyright holder (owner of the intellectual property as defined by U.S. copyright law). In order to publish, display, or in any way further distribute any duplicates of materials obtained from The Bancroft Library, you are solely responsible for obtaining any necessary permissions from copyright holders to the extent required by the U.S. copyright law.

  13. Can you tell me who currently holds copyright to the material I would like to publish?  The Bancroft Library is not the copyright holder for materials in most collections, but we can provide you with information that we have available regarding copyright for the material you've requested. We cannot, however, warrant the accuracy of such information and shall not be responsible for any inaccurate information. The Bancroft Library will not do research concerning the existence and/or whereabouts of copyright holders or provide you with any legal advice.

  14. I am working on a biography of (insert person here) and I want to make sure no one else publishes the material from The Bancroft Library collection before I do. How can I ensure I have sole rights to publish?  The Bancroft Library does not grant exclusive publication rights. By giving permission to publish a manuscript, the Library does not surrender its own right to publish it or to give others permission to publish it. Exclusive publication rights are sometimes a condition when The Bancroft Library obtains a collection and that will be clearly communicated in that collections record in OskiCat.

  15. Where do I send the copy of my publication?  The Bancroft Library, Attn: Permissions & Access Officer, University of California Berkeley, Berkeley, CA 94720-6000

  16. I would like to quote from an Oral History created by the Oral History Center, how do I do that?  Full information about quoting from oral history transcripts can be found here, and information about quoting or using oral history audio and video can be found here.

  17. Copyright sounds really confusing, can you help me find out more information?  

    The Cornell University Library provides many resources for helping to determine the copyright status of unpublished works, including a chart showing the most up to date copyright terms in the U.S.

    The American Library Association offers many tools to help you understand the various stages and vagaries of copyright on their Copyright Tools website.  These tools include a Public Domain Slider to help determine the copyright status of a work that was first published in the United States, a Fair Use Evaluator to help users understand how to determine if the use of a protected work is a “fair use,” and many others.

    The U.S. Copyright Office provides information about How to Investigate the Copyright Status of a Work.

    U.S. Copyright Office Database: The Copyright Office is an office of public record for copyright registrations and related documentation and they maintain copyright registrations for all works dating from January 1, 1978, to the present, as well as renewals and recorded documents in a publicly accessible database.

    WATCH Files: Writers Artists and Their Copyright Holders is a database of copyright contacts for writers, artists, and prominent figures in other creative fields. The database is administered by the Harry Ransom Center, University of Texas, Austin.

    The American Society of Picture Professionals has created a helpful website for those seeking information about publishing pictorial work.

    If you are unable to identify or locate the current copyright owner of a copyrighted work, the copyrighted materials may be called an "orphan work." Columbia University Libraries and the Society of American Archivists provide information on documenting your effort to search for copyright owners and potentially using orphan works.

    University of California Copyright: Copyright and fair use are of special concern in higher education and research. As both creators and users of copyrighted and public domain materials, members of the Berkeley academic community should understand and responsibly exercise the rights accorded them under U.S. copyright law. The information provided on this site is intended as a guide to copyright at the University of California, and should not be taken as legal advice.

  18. I would love to use this portrait I found in your collection in my advertisement for (insert product here). Should I be concerned about anything other than copyright?  The rights of privacy and publicity are separate and distinct issues from copyright. While copyright laws protect the copyright owner's property rights in the work, privacy and publicity rights protect the interests of the individuals who are the subject of the work. The right of publicity is a person’s right to control, and profit from, the use of his or her name, image and likeness. This means that any use of a person’s name, image or likeness for commercial gain is not permitted without his or her consent. The right of privacy is a person’s right to live outside of the public eye and free from the publicizing of intimate details of his or her life, which means that directing unwanted public attention to a person may give rise to a cause of action. Keep in mind that while a person's right to privacy generally ends with his or her death, publicity rights associated with the commercial value of that person’s name, image, or likeness may continue after their death. For example, many estates and representatives of famous deceased authors, photographers, celebrities, and other well-known figures continue to control and license use of their names and likenesses.

    Unlike copyright, which is subject to the federal Copyright Act of 1976, privacy and publicity rights are subject to state laws; hence, 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 alleging violation of privacy or publicity rights. You are solely responsible for addressing issues of privacy and publicity rights relating to your use of the materials. You can view the right of publicity statutes for your state on the Right of Publicity website.

 

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