Terms Governing Use of Manuscripts Holdings
Manuscripts are here defined as drafts of published or unpublished literary works, letters, journals, diaries, and other creative works. Manuscripts, published or unpublished, are fully protected under the copyright laws of the United States. While the University of California is the owner of the physical manuscripts in its holdings and controls access to them, literary rights in most cases still resides with the author/creator or his/her estate and publication, in any form, of these materials may not occur without the permission of the author or the author's estate.
Permission to Examine
All researchers wishing to use manuscripts will be required to complete a "Manuscript Reader Application" giving full information about the subject, scope, and purpose of the research being untaken. Researchers working on-site must show current photo identification. As part of its research and educational mission, the Library routinely grants permission to examine its Special Collection Collections Department manuscripts holdings to qualified researchers, however this use is subject to whatever restrictions that may have been placed on the manuscripts by the donors or by the Library itself.
Many of the materials in Special Collections are in copyright and so fall under applicable U.S. copyright law. When that is the case, all reproductions (of whatever nature) are provided for the researcher's individual scholarly use only. Title 17, United States Code, governs the making of photocopies or other reproductions of copyrighted materials. 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."
The researcher must fill out a Manuscript Collections Photocopy Request Form (http://files/photocopy-manuscripts.pdf)PDF listing all items for which a photocopy is requested. The form will include a statement specifying that the researcher agrees to not publish, or otherwise reproduce, the material in any form without the permission of the author or the copyright holder, as regulated under US copyright law. The researcher will sign and date the photocopy request form. The Department reserves the right to deny requests for reproductions if the material is determined to be too fragile to copy, or if in its judgment the copying would involve violation of copyright law.
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. It is the legal responsibility of the researcher to secure permission to publish, not only from the institution having custody of the manuscripts, but also from the owner of copyright.
For photocopy requests from collections that are 1-5 linear feet, approved requests are limited to 50 pages from a specific manuscript collection.
For photocopy requests from collections that are larger than 5 linear feet, approved requests are limited to 100 pages from a specific manuscript collection.
By granting permission to examine holdings, or by supplying a reproduction, the Library is not authorizing publication. The researcher must obtain permission to publish texts or facsimiles from the owner of the copyright, typically the author/creator, or the heirs to his or her estate. The users of materials with the department's holdings are responsible for respecting the rights of authors/creators or their estates.
The researcher is responsible for securing the permission of both the Special Collection Department and the author/copyright holder before publishing or reproducing in any material for which University of California, Davis has physical ownership. If the researcher wishes to publish material from the department's holdings, he/she will need to fill out a UCD Special Collections Department Permission to Publish Form (http://files/permission-to-use.pdf)PDF, and they must secure the author's/copyright holder's permission or otherwise satisfied the requirements of copyright law.
Researchers publishing texts or facsimiles from our holdings should cite Special Collections Department, University Library, University of California, Davis. As soon as the work is published, the researcher is requested to provide the Special Collections Department with a copy of any publication (excepting dissertations and theses) that relies heavily on the department's holdings.
Notice: Warning Concerning Copyright Restrictions.
The Copyright Law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in law, libraries, and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other reproduction is not to be "used for any purpose 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 deny a copying order if, in its judgment, fulfillment of the order would involve violation of the copyright law.