|
|
|
|
Introduction
The Manuscripts and Archives Digital Images Database (MADID) contains digital reproductions
of photographs, posters, drawings, text documents, and other images taken from the
research collections of Manuscripts and Archives, Yale University Library. These
images comprise only a small percentage of the department's holdings, being those
requested by departmental patrons over the past several years.
MADID should be seen as a starting point for image selection. For help using this
resource or for help finding images not included in MADID, please contact the reference
archivist by e-mail at mssa.assist@yale.edu or by telephone at (203) 432-1744.
As a service to our patrons, Manuscripts and Archives provides information, where
known, about copyright owners and terms governing the appropriate use of materials.
We welcome any additional information or questions you might have. If you know more
about an image on our website or if you are the copyright owner and believe we have
not properly attributed your work, please contact
us.
|
|
Copyright information
As a contribution to education and research, Manuscripts and Archives is offering
broad public access to the Manuscripts and Archives Digital Images Database (MADID).
Some materials in this database may be protected by the U.S. Copyright Law (Title
17, U.S.C.) and/or by the copyright or neighboring-rights laws of other nations.
The Copyright Office
provides more information about U.S. copyright law. Additionally, the reproduction
of some materials may be restricted by terms of Yale University Library gift or
purchase agreements, donor restriction, privacy and publicity rights, licensing
and trademarks.
Transmission or reproduction of protected items beyond that allowed by fair use
requires the written permission of the copyright owners. Any researcher wishing
to make such use of an image must assume all responsibility for clearing reproduction
rights and for any infringement of Title 17 of the United States Code.
It is the patron's obligation to determine and satisfy copyright or other use restrictions
when publishing or otherwise distributing materials found in our collections. Unless
Yale University holds copyright to an item, Manuscripts and Archives cannot give
or deny permission to publish or to otherwise distribute it. If Yale University
holds copyright to an item, a fee will be charged for commerical use of that item.
Any materials used must carry a credit line:
-
(Name of collection). Manuscripts and Archives, Yale University Library.
Several examples of credit lines appear below:
-
Harvey Williams Cushing Papers. Manuscripts and Archives, Yale University Library.
African Postcard Collection. Manuscripts and Archives, Yale University Library.
Photograph albums of Walter J. Freeman, Class of 1916, Yale College, documenting
life at Yale (RU 657). Manuscripts and Archives, Yale University Library.
Records of Reuben A. Holden as secretary of Yale University (RU 19). Manuscripts
and Archives, Yale University Library.
This information is available in the descriptive information that accompanies each
image. Researchers should not cite MADID as the source.
|
|
Publicity and Privacy Rights
Privacy and publicity rights reflect separate and distinct interests from copyright
interests. While copyright protects the copyright holder's property rights in the
work or intellectual creation, privacy and publicity rights protect the interests
of the person(s) who may be the subject(s) of the work or intellectual creation.
Issues pertaining to privacy and publicity may arise when a researcher contemplates
the use of letters, diary entries, photographs or reportage in visual, audio, and
print formats found in library collections. Because two or more people are often
involved in the work (e.g., photographer and subject, interviewer and interviewee)
and because of the ease with which various media in digital format can be reused,
photographs, audio files, and motion pictures represent materials in which issues
of privacy and publicity emerge with some frequency.
While copyright is a federally protected right under the United States Copyright
Act, with statutorily described fair use defenses against charges of copyright infringement,
neither privacy nor publicity rights are the subject of federal law. Note also that
while fair use is a defense to copyright infringement, fair use is not a defense
to claims of violation of privacy or publicity rights. Privacy and publicity rights
are the subject of state laws. What may be permitted in one state may not be permitted
in another. Note also that related causes of action may be pursued under the federal
Lanham Act, 15 U.S.C. ยง 1125 (a), for example, for unauthorized uses of a person's
identity in order to create a false endorsement.
While an individual's right to privacy generally ends when the individual dies,
publicity rights associated with the commercial value connected with an individual's
name, image or voice may continue.
Patrons bear the responsibility of making individualized determinations as to whether
privacy and publicity rights are implicated by the nature of the materials and how
they use such materials.
|
|
|
