Publishing

Publishing Materials from the Library’s Collections

It is not necessary to seek the Library’s permission as the owner of the physical work to publish or otherwise use public domain materials that the Library has made available online from its collections. This applies whether your use is non-commercial or commercial.

It is also not necessary to seek the Library’s permission as the owner of the physical work to publish or otherwise distribute portions of text or individual images (up to 20 from any given work or collection) for educational or scholarly purposes from materials not in the public domain whether undertaken by non-commercial or commercial publishers or distributors. Requests to publish or distribute larger amounts of material or questions regarding permissions should be addressed to Special Collections.

However, the Library’s consent as the owner of the rare original materials does not address copyright issues that may affect publication rights. It is the sole responsibility of the user or recipient of copies of Special Collections materials to investigate the copyright status of any given work and to seek and obtain permission where needed prior to any distribution or publication. See below for more information about copyright law in the United States.

Any use of Special Collections images or materials is subject to the user or recipient’s agreement to indemnify and hold harmless the University of Virginia, its officers, employees and agents from and against all suits, claims, actions and expenses. By your use of these materials, you agree to these responsibilities, including the noted legal protections of the University of Virginia.

If questions arise concerning the small number of collections for which the University of Virginia does own copyright (generally noted in the catalog records or online guides) or for materials in the University Archives, please contact Special Collections.

Further, some library donors have placed restrictions on the use of Special Collections materials that must be honored. Such restrictions are generally noted in the catalog records or online guides to Special Collections materials, and Library staff will provide informational assistance in these cases.

Special Collections no longer provides signed letters of permission or signs other permission forms.

How to Cite

Special Collections must always be cited as the source of text or images when published or otherwise distributed. In general, Special Collections materials should be cited as:

 [title of work or collection name], Albert and Shirley Small Special Collections Library,
University of Virginia

Items from the Barrett or McGregor libraries should be cited as:

 

[title of work or collection name], Clifton Waller Barrett Library of American Literature,
Albert and Shirley Small Special Collections Library, University of Virginia

[title of work or collection name], Tracy W. McGregor Library of American History,
Albert and Shirley Small Special Collections Library, University of Virginia

If you have any questions concerning the proper citation or description of materials in Special Collections, please contact us.

Copyright Information

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. The Special Collections Department reserves the right to refuse to accept a duplication request if, in its judgment, fulfillment of the request would involve violation of copyright law.

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 to be “used for any purpose other than private study, scholarship, or research.” Reproductions may not be made for or donated to other Repositories. 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. In most cases, the library is not the holder of copyright for the materials held in its collection. The library cannot grant permission for uses of material that fall outside of fair use. Instead, the responsibility falls on the user to obtain that permission.

Copyright law protects unpublished as well as published materials. If you wish to use either published or unpublished materials from our collections in a publication, you must determine whether the work has passed into the public domain and is no longer under copyright protection or find the copyright holders and get permission to use the material.