In light of the recent discussion of library/archive policy on providing
copies for research purposes, it may be of interest to report how this
matter is handled by the Manuscripts and Archives section of the Yale
University Library.
An individual requesting a copy of archival papers receives an information
sheet headed "Term Governing the Use of Departmental Holdings" which states:
"Reproduction
"The department will consider requests for the reproduction of its holdings.
All reproductions (of whatever nature) are provided for the reader's
individual use. We reserve the right to request the return of copies and
prohibit the making of duplicate copies from those we furnish.
"Publication
"By granting permission to examine holdings or by supplying a reproduction,
we are not authorizing publication. The reader must obtain permission to
publish texts and facsimiles from the owners of the copyright, typically the
creator or the heirs to his or her estate. The Library will be held
blameless for the infringement of copyright or of publication rights held by
others."
The Photocopy Order Form contains the following statement that the applicant
must sign:
"Warning Concerning Copyright Restrictions
"The copyright law of the United States (Title 17, United States Code)
governs the making of photocopies or other reproduction 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 to be
'used for any purposes 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.
"This institution reserves the right to refuse to accept a copying order if,
in its judgment, fulfillment of the order would involve a violation of
copyright law."
Harold Orlans
horlans@erols.com