COPYRIGHT AND PERMISSIONS

Images in digital collections created by the University of Arkansas Libraries are protected by the Copyright Law of the United States (Title 17, U.S.C.). Information provided here is not offered as legal advice. Researchers and publishers must take appropriate steps to avoid infringement of copyrights in light of their intended use of specific materials. The written permission of the copyright owners and/or other rights holders is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions. Legal responsibility for securing any necessary permissions ultimately rests with persons desiring to use protected items.

Permission to use images in the digital collections should be requested from the University of Arkansas Libraries. Most reproductions of library material are provided to patrons solely for the exclusive personal study or research use of the individual patron. Permission to reproduce does not constitute permission to publish. Each patron requesting a reproduction assumes full responsibility for infringement of copyright for any subsequent use exceeding fair use.

Any commercial application or other wide distribution of copyrighted material (including posting to general access web sites) is generally not fair use and requires the consent of copyright holders.

To request from the University of Arkansas permission to publish images from these collections, use the "Permission to Publish Form" available at
   http://0-libinfo.uark.edu.library.uark.edu:80/specialcollections/forms/permissiontopublish.pdf

As a service, the University Libraries offer the following additional information to patrons regarding copyright, fair use, and related matters. THIS INFORMATION IS NOT PROVIDED AS LEGAL ADVICE. Persons with questions regarding copyright protection and restrictions should consult with an attorney. University of Arkansas faculty and staff may contact the Office of the General Counsel for specific questions regarding copyright.

The summaries posted at this site and the links provided to related web sites are provided with the permission of the authors

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PUBLIC DOMAIN/DURATION OF COPYRIGHT*

Works are considered to in the public domain when they are no longer (or were never) protected by copyright law. Several variables affect how long copyright protection applies to specific materials, in general:

1. For published works
a.If a work was first published (publicly distributed) before 1923, it is safe to assume it is in the public domain.
b.Works published from 1923 through 1963 are protected for 28 years, plus possible renewal of 67 years.
c.Works published from 1964 through 1977 are protected for 28 years, plus renewal of 67 years.
d.Works created before January 1, 1978 but published from 1978 through 2002 are protected for the lifetime of the creator plus 70 years.
e. All works created (both published and unpublished) after January 1, 1978, are protected for the lifetime of the creator plus 70 years.

2. For unpublished works
a. Works created before January 1, 1978, but not published are protected for the lifetime of the creator plus 70 years.
b. Works created on and after January 1, 1978, are protected for the lifetime of the creator plus 70 years.

For more information on public domain and duration of copyright http://www.unc.edu/~unclng/public-d.htm

*Information provided here is not offered as legal advice. Researchers and publishers must make their own assessments of steps to avoid infringement of copyrights in light of their intended use of specific materials.

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Fair Use*

Title 17, U.S.C. 107 states that copyrighted materials may be reproduced under special circumstances that constitute fair use. Among the factors to be included in the consideration of what constitutes fair use are:
1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit education purposes;
2. The nature of the copyrighted work;
3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
4. The effect of the use upon the potential market for or value of the copyrighted work.

For more information on public domain and duration of copyright
http://www.cetus.org/fair5.html
http://fairuse.stanford.edu/
http://www.dpi.state.nc.us/copyright1.html

*Information provided here is not offered as legal advice. Researchers and publishers must make their own assessments of steps to avoid infringement of copyrights in light of their intended use of specific materials.

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