Reproductions and Use

Reproductions and Use

• Warning Concerning Copyright Restrictions
• Requests to Reproduce Items
• Personal Cameras
• Reproduction Request Forms
• Reproduction Fees
• Use, Copyright and Attribution
• Privacy and Publicity Rights
• Disclaimer
• Credit
• Forms
• Share with Us

Warning Concerning Copyright Restrictions
Copyright of the United States (Title 17, U.S. Code) governs the making of photocopies, photographs, 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 specified conditions is that the photocopy or reproduction is not 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.

Requests to Reproduce Items
Requests to copy Archives and Special Collections material constitute an agreement that you will not reproduce, transfer, distribute, broadcast, publicly display, offer for sale, or otherwise use or publish any material subject to copyright, or a portion thereof, in excess of fair use, as defined by copyright law, without the express permission of the copyright holder.

Please note that while Archives and Special Collections owns most of the materials in our collections, we usually do not own the copyright to these materials, except where it has been explicitly transferred to the University of Montana (UM). You are solely responsible for determining the copyright status of materials and obtaining permission to use material from the copyright holder. Archives and Special Collections cannot provide permission to publish or distribute materials when UM is not the copyright holder.

We reserve the right to limit the number of copies made; to restrict the use of rare and valuable items; and to deny a request because of copyright regulations, privacy rights, donor-imposed regulations, or other rights related issues.

Personal Cameras
The use of personal cameras and certain other recording and reproduction devices is permitted in Archives and Special Collections with some exceptions. We reserve the right to deny the use of a device if your equipment poses any risk to our materials, if you mishandle materials, or if your use of a device disrupts other researchers in our reading room. We also reserve the right to deny a request because of copyright regulations, privacy rights, donor-imposed regulations, or other rights related issues; to limit the number of reproductions made; and to restrict the use of rare and valuable items. Individuals wishing to use personal cameras or other devices in Archives and Special Collections must sign and submit a Personal Camera Use form.

Reproduction Request Forms
Archives and Special Collections has two reproduction forms for use when you wish us to make a reproduction for you – one for photocopies and the other for reproduction of images, audiovisual materials and large format materials such as maps and architectural drawings.

• Copy Order Form (Print/PDF)
• Image, Audio/Visual and Large Format Reproduction Form

Please fill out and sign this appropriate reproduction request form completely and submit it to library.archives@umontana.edu or via fax to (406) 243-4067. Please e-mail or call us at (406) 243-2053 if you are unsure which form to use or have other questions.

Reproduction Fees
The following are our standard reproduction fees. Additional charges may apply for shipping, large orders and rush orders. The Copy Order Form and Image Reproduction Forms have more information about these fees or you may contact us.

Personal cameras
• There is no fee for the use of a personal camera.

Photocopy / scan to pdf fees:
• Photocopy to paper = $.25 each page   
• Photocopy/scan to pdf = $.25 each page
• Color photocopy to paper (less than 11x17) = $1.00 each page
• Engineering copy (black/white, larger than 11x17) = $3.00 each sheet or page

Image reproduction fees:
• Image Scan = $6     
• Scan-UM students for class work = $3 (up to 20/year)   
• Large Format Scan (larger than 11x17) = $12   
• Digital Prints:  
• 4x5 = $10                    
• 5x7 = $10             
• 8x10 = $15
• 11x14 = $25
• 16x20 = $35                           
• Oversized prints = $3 per square foot +$35
• Sepia tone (per print) = $3

Audiovisual material reproduction fees:
• VHS to DVD = $30                  
• DVD to DVD = $15
• Audiocassette to CD = $15
• CD to CD = $6           
• Other AV format to DVD = tbd (typically vendor cost +$15 and/or shipping)

Use, Copyright and Attribution
Archives and Special Collections provides copies of materials to facilitate private study, scholarship, or research. We welcome you to use materials in our collections that are in the public domain and to make fair use of copyrighted materials as defined by copyright law. Please credit us.

Materials held by Archives and Special Collections may be protected by United States Copyright Law and/or by the copyright laws of other countries. Copyright law protects unpublished as well as published materials.

Archives and Special Collections does not claim to control the rights for reproduction for all materials or images in its collections. Certain images or materials may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UM.

If UM does not clearly hold the copyright to an item, Archives and Special Collections cannot grant or deny permission to use that material.

In obtaining a reproduction from Archives and Special Collections, you assume all responsibility for determining whether any permissions relating to copyright, privacy, publicity, trademark, or any other rights are necessary for your intended use, and for obtaining all required permissions. Written permission from the copyright holders and/or other rights holders is required for publication, distribution, or other use of protected items beyond that allowed by fair use.

Archives and Special Collections will not do research concerning the existence and/or whereabouts of rights holders. In most cases, Archives and Special Collections will not facilitate requests for permission. To the extent that Archives and Special Collections provides available information about potential rights holders, it does not warranty the accuracy of such information and shall not be responsible for any inaccurate information.

The Society of American Archivists provides further guidance about using copyrighted and unpublished materials. The U.S. Copyright Office provides information about How to Investigate the Copyright Status of a Work. When you cannot identify or locate the current copyright owner of a copyrighted work, the copyrighted material is sometimes called an “orphan work.” Columbia University Libraries and the Society of American Archivists also provides advice about documenting searches for copyright owners and using orphan works.

Privacy and Publicity Rights
You are solely responsible for addressing issues of privacy and publicity rights relating to your use of our materials. The rights of privacy and publicity are distinct from copyright. Although fair use is a defense to copyright infringement, it is not a defense to violating privacy or publicity rights.

An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR 46 (Protection of Human Subjects). Special Collections reserves the right to require a release from individuals whose privacy may be violated by the reproduction of this image or materials.

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. Rights of publicity are governed by state laws.

Disclaimer
In receiving a reproduction from our holdings, you assume all responsibility for infringement of copyright or other rights in your use of the material. You agree to defend, indemnify, and hold harmless the Library, UM and its agents and employees, from and against any and all liabilities, losses, demand, penalties, costs, expenses, attorneys’ fees, lawsuits, fines, judgments, or causes of actions, including but not limited to claims relating to infringement of copyright, trademark, invasion of rights of privacy or publicity, or libel that arise either directly or indirectly from any use by the requestor of the images and/or materials provided by the Library.

Credits
All reproductions of images and materials must be credited to Archives and Special Collections, Mansfield Library, University of Montana as the source.

However, you must not use the name of Archives and Special Collections, the Mansfield Library, or UM in any manner which creates any false association between you and the image, materials, Library, and/or UM, or that incorrectly implies any sponsorship or endorsement by the Library, UM, or any third party rights holder.

Forms
• Copy Order Form (Print/PDF)
• Image, Audio/Visual and Large Format Reproduction Form
• Personal Camera Use Form

Share with Us
We would appreciate hearing about your use of our materials in your research, artistic endeavors, publications, exhibitions or other scholarly and commercial venues. Share with us at library.archives at umontana.edu.

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