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Before copyrighted works can be digitized,
distribution rights must be procured from the copyright
holder assuming the work has not passed
into the Public Domain.
Note: Publications
often include separately copyrighted illustrations.
Check illustration credits, verify their copyright
status, and seek additional permissions as necessary.
The Digital Library Center most frequently
seeks "non-exclusive" "Internet Distribution Rights" for
an unlimited term. A grant of non-exclusive rights leaves
the copyright holder the ability to grant distribution
rights with others. "Internet Distribution Rights" limits
dissemination to the World Wide Web.
If rights to other distribution formats
are sought or anticipated, they should also be requested
with specific mention of the distribution format, e.g., "CD-ROM/DVD
Distribution Rights", "Print Distribution Rights", or
more broadly, "Electronic Distribution Rights". Distribution
rights transfer a privileged use of a copyrighted work
rather than the copyright, which remains with the copyright
holder.
Use the following documents as templates.
Permission Request Letter
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| Digital
Library Center
George A. Smathers Libraries
P.O.
Box 117007
Gainesville, FL 32611-7007
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Telephone:
352.846.0129
FAX: 352.846.3702
E-Mail: dlc@mail.uflib.ufl.edu
[Date]
|
| Dear [Copyright Holder],
The
Digital Library Center at the University of
Florida is a nonprofit center responsible for
the collection and preservation of digital
resources for education.
The
following title(s), protected by your copyright,
has been identified as important to the educational
mission of the University.
[Author] . [Title]. [Publication
Place] : [Publisher], [Publication
Date].
The
University of Florida, on behalf of the State
of Florida, respectfully requests non-exclusive
rights to digitize the title(s) for Internet
distribution in image and text formats for
an unlimited term. We would be happy to negotiate
terms should you require a more restrictive
grant of permissions. Digitized versions will
be made available via the Internet, for on-line
and off-line educational use, with a copyright
statement identifying your rights as copyright
holder and the terms of the grant of permissions.
Please
review, modify, sign and return the attached
grant of permissions. Please do not hesitate
to call me or email your questions.
Sincerely,
[Your Signature]
[Your Typed Name]
[Your Title]
cc:
DLC copyright clearance file
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Grant Permissions
| GRANT
OF PERMISSIONS
In reference to the following title(s):
[Author]. [Title].
[Publication Place] : [Publisher], [Publication
Date].
I, ____________________________________,
as copyright holder or licensee with the authority
to grant copyright permissions for the aforementioned
title(s), hereby authorize the University of
Florida, acting on behalf of the State of Florida,
to digitize and distribute the title(s) for nonprofit,
educational purposes via the Internet or successive
technologies.
This
is a non-exclusive grant of permissions for
on-line and off-line use for an indefinite term.
Off-line
uses shall be consistent either, for educational
uses, with the terms of U.S. copyright legislation's "fair
use" provisions or, by the University of Florida,
with the maintenance and preservation of an
archival copy. Digitization allows the University of Florida
to generate image- and text-based versions as
appropriate and to provide and enhance access
using search software.
This
grant of permissions prohibits use of the digitized
versions for commercial use or profit.
______________________________________
Signature of Copyright Holder
______________________________________
Printed or Typed Name of Copyright Holder
_______________
Date of Signature
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WORKS THAT
HAVE PASSED INTO THE PUBLIC DOMAIN
Public Domain
refers to those works not protected by copyright law. Items
in Public Domain fall into any of a number of categories. Barring
a search of copyright files maintained by the Library
of Congress, risk management is involved in determining
what may or may not be in Public Domain.
Categories
of Public Domain Materials
| Works
that have not been written or recorded (i.e., fixed in a tangible form of expression); |
| |
Risk Management: A work may be subsequently written
or recorded. In the context of building a digital
resource, the very act of digitizing the work
employs recording methods that effectively copyright
the work under current copyright legislation.
Ownership of the copyright without clear written
consent may be questionable. |
| |
| Titles,
names, short phrases, and slogans; familiar symbols
or designs; variations of typographic ornamentation,
lettering, or coloring; |
| |
Risk Management: While not copyrighted, items in
this category may be registered or trademarked. |
| |
Trademark
Search (U.S.A.): United States
Patent and Trademark Office
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| |
Some U.S. states maintain additional
databases of trademarks and registered business
names. |
| Trademark Search (Canada): Canadian Trademark Database |
| Trademark Search (U.K.): The Patent Office |
| Trademark Search (Other Nations): WIPO Trademark Database Portal |
| |
| List
of ingredients or contents, as well as, blank
forms |
| |
Risk Management: Instructions and text surrounding
these items may be copyrighted. Lists given in
the forms of poems and other literary works or
recorded performance may be copyrights as part
of the work or performance. |
| |
| Ideas,
procedures, methods, systems, processes, concepts,
principles, discoveries, or devices, as distinguished
from a description, explanation, or illustration |
| |
Risk Management: When these items together with
a description, explanation or illustration become
fixed in a tangible medium, written or recorded,
they become protected under current copyright
legislation or they may be patented. |
| |
Patent
Search (U.S.A.): United States
Patent and Trademark Office
|
| Patent Search (Canada): Canadian Patent Database |
| Patent Search (U.K.): The
Patent Office |
| |
| Work
consisting entirely of information that is common
property and containing no original authorship
(for example: standard calendars, height and
weight charts, tape measures and rulers, and
lists or tables taken from public documents or
other common sources) |
| |
Risk Management: |
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| Works
by the U.S. government (only within the U.S.A.) |
| |
Risk Management: In the context of digital resources
made available on the World Wide Web, this exception
has global implications. The U.S. government
grants relatively unrestricted use of its publications
to its own citizens. U.S. goverment documents
are not necessarily in Public Domain outside
the U.S.A. |
| Recommended Copyright Notice for use with
U.S. government documents: "Copyright
[year], [Government Agency Name],
except in the U.S.A." |
| |
| Works
that have exceeded the period of copyright protection. |
| |
Risk Management: For aid in determining
when a title passes into the Public Domain, consult
the Cornell Institute for Digital Collections' "When Works
Pass Into the Public Domain in the United States:
Copyright Term for Archivists" (http://cidc.library.cornell.edu/copyright/) |
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