Digital Services (DLC)
Smathers Libraries
University of Florida
P.O Box 117003
Gainesville, FL 32611 USA
P: 352.273.2900
F: 352.846.3702
UFDC@uflib.ufl.edu
Rights & Responsibilities
The Digital Library Center's core mission is supporting preservation and access. The digitization of materials using digital preservation and library standards supports long-term preservation and the posting of openly accessible materials online supports access. The Digital Library Center further supports preservation and access by ensuring that all applicable rights are respected and supported by seeking Internet distribution permissions as needed. Internet distribution permissions can be required for cultural and documentary heritage rights, privacy rights, and copyright. See below for links to additional information and resources.
Digital Library Center & Copyright
Copyright is a property right that seeks to balance the rights of the creator with the rights of the global society. Copyright is but one of many rights and responsibilities that must be considered when digitizing materials. Digitization makes use of new and emerging technologies, technologies whose use may not yet have applicable laws supporting their use for the gobal public good.
The Digital Library Center observes United States copyright legislation (title 17, U. S. Code). Assistance interpreting copyright legislation is provided by the Copyright Office in the Library of Congress. The Center's projects target resources published outside of as well as inside the United States of America. The Center's staff observes whichever affords the greatest protections: either the laws of the United States or the laws of the country of origin.
Additionally, at least one of our projects, the Digital Library of the Caribbean, accepts resources from foreign partners. It is the responsibility of those partners to observe the copyright laws of their home country or the country of origin, whichever affords the greatest protections.
Copyright Permissions
- Internet Distribution Permissions: Guidelines and permission forms for digital distribution rights (all in Word format).
- Grant of permissions:
- Donors of analog and digital files
- To ensure proper paperwork and support, refer donors to:
- Gifts & Exchange
- Appropriate subject specialist(s)
- Associate Dean for Development
- Use the Gifts Donor Registry along with the permissions form for any donated materials (English)
- Use donor form for gift materials
- Email a letter of thanks (and copy G&E)
- To ensure proper paperwork and support, refer donors to:
Newspaper Permission Letters for Access to Physical Copies:
In order to digitize newspapers, access to the physical copies and permissions from the copyright holders are required. These are the letters defining usage for borrowed newspapers, and they are followed by the letter templates for newspapers to grant Internet Distribution Permissions.
| Physical copy lending agreements | Grant of Internet Dist. Permissions |
| Lending Agreement (English) | Digital Distribution Permissions Consent Form (English) |
| Accord de Prêt pour la Numérisation (French) | Contrat de Distribution Numérique (French) |
| Acuerdo de Préstamo para la Digitalización (Spanish) | Digital Contrato de Distribución (Spanish) |
| For newspapers born digital, the digital files inquiry email is also used. | |
Permissions, Copyright, and Fair Use: Dissertations
The Retrospective Dissertation Scanning Policy explains the policy for the digitization of dissertations.
Permissions, Copyright, and Fair Use: Archival Materials
For some archival materials, digitization may include a rights note in this format (based on the model by UNC):
Digital reproductions of this item from the University of Florida's Special Collections and Area Studies is made available under an assertion of fair use (17 U.S.C. 107) for noncommercial educational and research purposes only. The University of Florida Libraries respects the intellectual property rights of others and does not claim any copyright interest in these materials. Written permission from the copyright owner and any other rights holders must be obtained for any reuse of this item that extends beyond fair use or other statutory exemptions. Furthermore, responsibility for the determination of the copyright status and securing permission rests with those persons wishing to reuse the materials. The Libraries would like to learn more about these materials, and welcomes individuals or organizations to contact UF Digital Library Center (ufdc@uflib.ufl.edu) with any additional information they can provide.
For some archival collections, digitization of the entire collection may in itself be transformative, as documented in TRLN's The Triangle Research Libraries Network’s Intellectual Property Rights Strategy for Digitization of Modern Manuscript Collections and Archival Record Groups, which was developed following OCLC's report on the large scale digitization of special collections.
Resources on Copyright & Related Rights
- Cornell's ten page guide to determining whether a work is in copyright.
- ARL and Center for Social Media, Code of Best Practices in Fair Use for Academic and Research Libraries
- "Publication" defined by the US Copyright Office
- Copyright renewal databases
- Online books, list with links to several
- Google scans of copyright catalogs (all materials, 1923-1977)
- Rutgers (any book published between 1923-1963)
- Stanford (Class A books published between 1923-1977)
- UPenn's site on public domain books
- Stanford's Copyright and Fair Use list of charts and tools
- Durationator, copyright duration tool
- Copyright for Stamps (pre-1977 US stamps in the public domain)
- Copyright Navigator, an annotated concept map for copyright fundamentals
- Copyright Slider for works first published in the USA
- Brief language aids for the identification of copyright statements in non-English languages.
- ARL Statistics for Electronic Resources; ARL resources
- WATCH (Writers Authors and Their Copyright Holders) Database
- General information for UF Authors on on contributing your resources, how to retain your rights
- Orphan works
- Internet Archive (IA) and digital lending (news; )
- Wartime copyrights and Alien Property Custodian
- Removing All Restrictions: Cornell’s New Policy on Use of Public Domain Reproductions
- Dance Heritage Coalition, Statement of Best Practices in Fair Use of Dance-related materials (local copy)
- Copyright and Cultural Institutions: Guidelines for U.S. Libraries, Archives, and Museums
- 2009-present developments in restored copyrights
- Copyright laws of various countries; another from Copyright Watch
- List of Countries' Copyright Length and list of parties to international copyright agreements with dates
- WIPO Database on Copyright, IP, and other related rights
- OCLC statement on well-intentioned practice for putting digitized collections of unpublished materials online
- Belmont Report: Ethical Principles and Guidelines for the Protection of Human Subjects of Research
- CENDI Presentations on digitizing US Government Documents
- Best Practices & Risk Management
- Responsibilities for web accessibility support
Resources on Other Applicable Rights
- International Federation of Library Associations and Institutions (IFLA) Statutes (inc. "endorsement of the principles of freedom of access to information, ideas and works of imagination and freedom of expression embodied in Article 19 of the Universal Declaration of Human Rights" as a core value)
- IFLA, Safeguarding our Documentary Heritage
- UNESCO: Ethical imperative for preservation of cultural materials ; Cultural Heritage Laws Database; inc.
- ICA, Code of Ethics for Archivists
- ICOM, Code of Ethics for Museums
- ICOMOS, Ethical Commitment Statement
- CAC, Ethical Code for Cultural Property
- World Summit on the Information Society: Civil Society Declaration
- Ethics of Exhibiting Culturally Sensitive Materials Online
- Code of Ethics for Museums
- Code of Ethics for Archivists
- Oral History Association Evaluation Guide (esp. Responsibility for Sponsoring and Archival Institutions, covers informed consent)
- Center for the Study of History and Memory, Oral History Interview Forms (Deed of Gift and Informed Consent)
- American Anthropological Association Statement on Ethnography and Institutional Review Boards (covers informed consent and the need for IRB review)
- WIPO on Traditional Cultural Expressions (examples of TCE: tales, symbols, songs, dances, rituals, crafts, etc)
- International Journal of Cultural Property
- Mukurtu Archive: An Indigenous Archive Tool (PI)
- Screen Australia on responsibilities and factors for filming Indigenous people
- Australian Parks and Wildlife Commission's non-confirmation of meteor crater's tie to myth
- State of Florida laws on materials loaned to cultural heritage institutions and then abandoned by the lender
- Florida Museum of Natural History Code of Ethics
- Harn Museum of Art Code of Ethics
- UF Policies & Guidelines:
- Intellectual Property
- Institutional Review Board (IRB)
- Web
- Privacy (inc. FERPA)
- Office of Information Technology
- OIT on copyright complaint procedure
- All other policies, rules, and regulations of the University of Florida and the State of Florida
Resources on Policies
- UF IT incident response standards and procedures
- ARL Highlights of New Copyright Provision Establishing Limitation of Liability for Online Service Providers
- UF Privacy Office Policies and Procedures
- UF WebAdmin Policies and Guidelines, Social Media Policies
- UF - Social Media use, guidelines, and policy implications
- UF HR - Policies You Should Know
- UF IT, Acceptable Use Policies
- UF General Counsel with UF Regulations and Policies; UF General Counsel: Copyright FAQ
- UF Regulations
- UF DSR Policies
- UF Faculty Senate University Libraries Committee
- UF VIVO, Data Removal
- Oakland Archive Policy: Recommendations for Managing Removal Requests And Preserving Archival Integrity (of Electronic Documents)
- Elsevier Policy on Article Withdrawal
Last modified: Sunday January 29 2012 lnt








