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Duplication & Permission Services at The Bancroft Library

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 100 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 duplication of material held in the Library’s collection?
  3. I submitted my order in Aeon, now what?
  4. I need a facsimile by next week, but the form says duplication services takes 8-10 weeks, can I pay for rush services?
  5. Should I order a PDF or a TIFF of my material?  
  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 guide.

2. I am unable to come to the reading room to look at material in person, am I still able to order duplication of material held in the Library's collection?

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 staff at bancref-library@berkeley.edu for the current list of local independent researchers.

 

3. I submitted my order in Aeon, now what?

Staff will review your order, confirm service(s) can be provided, upload an invoice to your Aeon account and notify you via email. Once your invoice has been paid staff will send the physical material to Digitization Services (for PDF or TIFF) to be photographed, or to our third party vendors (all A/V orders and sound recordings). The time frame for completion depends on the original material type and how the digital files are being created.

 

4. I need a facsimile by next week, but the form says duplication services takes 12-14 weeks, can I pay for rush services?

Due to library-wide staffing issues and our work with various vendors, we cannot offer rush services or guarantee a delivery date.

 

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 duplicated material for any purpose beyond personal research, then the high resolution images would be better.

Be aware that 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.  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 still protected by copyright held by a third party outside of the exceptions granted to libraries under 17 U.S. Code § 108. The Library provides all duplicates (photocopies, photographic copies, digital copies, etc.) of materials held in our collections solely for 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 guide. 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 a countersigned non-exclusive license 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 can’t figure out how much I may owe, can someone help?
  7. Why was I charged a commercial rate?  
  8. 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? 
  9. What if I do want to publish something I've already had duplicated?
  10. Can you tell me who currently holds copyright to the material I would like to publish?  
  11. 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?
  12. Can I donate a copy of my project that incorporates material from your collection?
  13.  I would like to quote from an Oral History created by the Oral History Center, how do I do that?
  14. Copyright sounds really confusing, can you help me find out more information?  
  15. 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?

First you will need to determine the copyright status of the material: is it in the public domain or still under copyright?  Is the copyright held by the University of California Regents (UC Regents) or by a third party? See the Copyright Services tab of this guide for more information about determining copyright status.

  • If the material is in the public domain and the image can be found on Calisphere or the Online Archive of California, you are welcome to use that digital image (and the corresponding metadata) if you decide that the file specifications work for your intended use.  More information about using public domain images found on Library sites can be found in our Free and Open Use of Online Public Domain Reproductions and Metadata policy.
  • If the material is covered by copyright and you have determined that your intended use falls under fair use, you do not need to ask the Library for permission to use the material.  More information about making a fair use determination can be be found under the Copyright Services tab.  The UC Berkeley Library cannot make a fair use determination for you.
  • If the material is © UC Regents and you have determined that your intended use exceeds fair use you will need to request a non-exclusive license via the Duplication and Permissions Order form in Aeon.  A step-by-step guide can be found under the How To Order Services tab.

Publication quality images can be ordered via the Library's duplication services. A step-by-step guide for ordering digital files can be found under the How To Order Services tab.

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 copyright status, 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 guide. Once your invoice has been paid, staff will work on writing your license and (when applicable) pulling the physical material and sending it to Digitization Services to be photographed. The completed license will be sent to you via the email address associated with your Aeon account once it has been signed by our University Librarian.

 

3. I need to send everything to the publisher on Friday! Can you get me the digital image file and a countersigned non-exclusive license 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 request will take 8-10 weeks, and a license will take 4 weeks, to be completed after payment is made. The turnaround time begins when payment has been received, not when the order is submitted. It is possible that you will receive the file and countersigned license in a shorter time frame, 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 in your completed license.

 

The general credit line for materials held by The Bancroft Library, but the work is in the public domain or held by a third party is:

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

Ex: Constructing and decorating model apartment to show possibilities using scrap materials, War Relocation Authority photographs: Japanese-American evacuation and resettlement, BANC PIC 1967.014 v.25 CA:777--PIC, The Bancroft Library, University of California, Berkeley.

 

The general line for materials held by The Bancroft Library, and the copyright is held by the UC Regents 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.

Ex: Pullman conductor D.A. Dean, Fang family San Francisco examiner photograph archive negative files, BANC PIC 2006.029--NEG box 621, sleeve 092831_07, © The Regents of the University of California, The Bancroft Library, University of California, Berkeley.

 

5. My publisher needs you to sign their license / contract, can you do that?

The University of California Library does not 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 can’t figure out how much I may owe, can someone help?

Our fees can be found under the Fee Schedule tab on this guide. Staff will provide you with an itemized invoice via Aeon for all requested services after staff have reviewed your order.

 

7. 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.

 

8. 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 using but I might only have space for 5 or 6 images in the finished project.  Do I have to pay a licensing fee for images that I might not end up using?

We recommend ordering just the high-resolution images first, with no permissions requests attached. Once you have figured out exactly what reproductions will be in your project you can submit a permissions request for just the images that you would like to use (see FAQ #1 for more information about how and when to request permission to use Library collection material). 

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

 

9. What if I do want to publish something I've already had duplicated?

The Bancroft Library currently requires that all use requests for © UC Regents material that you have determined falls outside of fair use are submitted on the Permission Services Request form via Aeon. Staff will then review your request and if it is eligible for a license you may be invoiced (if your project is commercial). Once payment has been made, or if no payment is required, staff will create your license (see license terms here) and have it signed by the University Librarian before sending the completed license to you.

More information about the Library’s Permission to Publish Quotations, Excerpts, or Images policy can be found at the link provided.

 

10. Can you tell me who currently holds copyright to the material I would like to publish?

The UC Regents do not hold the copyright to the majority of the materials held in the collection of The Bancroft Library, but Library staff can provide you with information available to us 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.  Please email the Copyright & Information Policy Specialists at schol-comm@berkeley.edu with your inquiry.

 

11. 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 granting a non-exclusive license to publish or use materials held in our collection, 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 our catalog.

 

12. Can I donate a copy of my project that incorporates material from your collection?

Absolutely! Please send a copy of your project to: The Bancroft Library, ATTN: Duplication & Permission Services, University of California Berkeley, Berkeley, CA 94720-6000 and we will add it to our collection so that it can be used by future researchers.

 

13. I would like to quote from an Oral History created by the Oral History Center, how do I do that?

Full information about using oral history audiovisual material can be found on the permissions tab.

 

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

Information to assist you in determining whether your intended use falls under fair use, guidance on determining copyright status & locating copyright holders, other laws & restrictions to be aware of, and useful copyright links can all be found on the Copyright Services tab.

 

15. 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.