UC Berkeley Library

Rights and Permissions

Content section: 

Overview

Permission Services Fee Schedule

Overview of Copyright Services

Terms of Use

FAQs

Permissions Contact Information

Overview of Permission Services

Authorization to publish or exhibit facsimiles of collection material must be obtained in advance and in writing from The Bancroft Library by completing the Permissions Order form via Aeon. A fee may be required. "Publication" includes the following media: print, internet, digital, video, film or public exhibition. These fees are assessed by The Bancroft Library as the owner of the physical collection material and must be distinguished from any fees that might be assigned/assessed by a copyright holder. You are solely responsible for securing permission from the copyright holder and paying any associated fees. The Fee Schedule is available below.

If you wish to substantially quote, or publish a collection or manuscript in whole, please send an email outlining your intended use to the Deputy Director, Peter Hanff, at phanff@berkeley.edu.

A list of frequently asked questions (FAQ) is available at the bottom of this page. If you have a question that is not addressed in the FAQ, please send an email to the Permissions & Access Officer, Ms. Michael Lange, at mlange@berkeley.edu.

The Bancroft Library requests a complimentary copy of all publications which make significant use of its collections.

Permission Services Fee Schedule

Publication Fees Non-Profit Commercial
Book/eBook (Interior) $20 $50
Book/eBook (Cover) $50 $100
Periodical or Journal - includes print and electronic (Interior) $20 $50
Periodical or Journal - includes print and electronic (Cover) $50 $100
Thesis/Dissertation $0 N/A
Non-Editorial Print (Cards, Calendar, etc.) $50 $100+
Broadcast (Television, Film) $25 $100
Non-Broadcast (Internet, Mobile App) $25 $100
Physical Exhibition $25 $100
Advertising (All Mediums) $50 $100+
Re-Use (new edition, medium, etc.) 50% discount 50% discount

Overview of Copyright Services

The Bancroft Library does not hold the copyright to all of the original materials in its collection. When copyright resides elsewhere access for publication is given on behalf of The Bancroft Library as owner of the physical material and is not intended to include or imply permission of the copyright holder, which must also be obtained by the publisher. You are responsible for complying with copyright law. A completed Permissions Order from The Bancroft Library does not constitute copyright clearance, unless expressly stated and when Bancroft is the copyright holder. Neither The Bancroft Library nor the UC Regents are responsible for your use of materials subject to copyright law and other legal restrictions. If you intend to publish any material found in the collection of The Bancroft Library you must obtain copyright permission, when applicable.

The Permissions Officer will do a check of your requested material to establish if The Bancroft Library holds the copyright to the material, or if there is any information about the current copyright holder in our files when a permissions order form is submitted. Any further research into copyright is the responsibility of the requester/publisher.

Terms of Use

  1. The applicant agrees to send The Bancroft Library one complimentary copy of the work containing the reproduction.
  2. The Bancroft Library retains all rights to reproductions of collection material including the right to grant others permission to reproduce the material. Additional copies must be purchased from The Bancroft Library. The photographic copy or any facsimile of it may not be reproduced beyond the intended use submitted on this Permission Form.
  3. Permission for publication is granted for one-time use and only for the expressed purpose outlined in the final contract arising from this request. Any subsequent use, or change in use, constitutes reuse and a new Permissions Order Form submitted and appropriate fees paid. Permission is limited to the applicant and is not transferable. Permission for use is not granted until all fees are paid. These fees are assessed by The Bancroft Library as the owner of the physical collection material and must be distinguished from any that might be assigned/assessed by a copyright holder. You are solely responsible for securing permission from the copyright holder and paying any associated fees.
  4. Altering the original photographic image beyond standard cropping or resizing requires further discussion with Staff. These changes must be indicated in the accompanying caption or label.
  5. Unless specifically authorized by the contract, images may not be used as a dust jacket, an end paper, nor in an advertisement or any commercial or promotional use of a similar nature, nor to mass reproduce as unbound material.
  6. The publication must properly credit The Bancroft Library. Credit should appear in close proximity to the image or in a special section devoted to credits. The required credit line is:[Identification of the item], [Name of collection], [Call number of collection]. Courtesy of The Bancroft Library, University of California, Berkeley.
  7. Call numbers should appear either near the illustrations or at the point of credit. Crediting individual items is mandatory. Credit should be included with other sources of illustrations in film or video publications.The resolution of reproductions distributed electronically should not be greater than 300 dpi at a maximum of 1000 pixels on the long edge. Credit for images used in exhibitions must appear within the exhibition area.
  8. In authorizing the publication of a photographic copy, The Bancroft Library does not surrender its own right to publish it, or to grant permission to others to do so. All rights are non-exclusive.
  9. Rights are offered for a maximum period of ten years. The University of California does not issue rights in perpetuity.
  10. The Bancroft Library reserves the right to limit the number of photographic copies; to restrict the use of reproduction of rare or valuable material involving unusual difficulty in copying; and to charge a higher duplication fee than specified. Copies are not supplied to commercial picture agencies except by special arrangement.

FAQs

1. I would like to publish material that I found in the collection of the Bancroft Library, what do I need to do?
If you have not done so already please submit the Duplication and Permissions Order form via Aeon. A step-by-step guide to submitting these types of requests can be found on our Aeon libguide: http://guides.lib.berkeley.edu/aeon/permissions.

Only publication quality duplications are permitted to be published. The Bancroft Library does not allow publication of any photographs taken by individuals in the Reading Room. Make sure to give a complete project description, including creator, publisher, title and expected date of publication. List all material to be published, giving collection name, call number, and container number when appropriate. If correspondence, please list the date. Indicate whether the material is to be quoted, or reproduced in facsimile. Before requesting publications services consult the Fee Schedule to view applicable fees for your use of materials.

2. How do I correctly credit the material in my publication?
The complete and required credit line/citation will be provided to you at the completion of your permissions order. A general credit line is shown below.

[Identification of the item], [Name of collection], [Call number of collection]. The Bancroft Library, University of California, Berkeley.

Ex: Correspondence from Orville Watson to James Holland, 17 February 1849, Alexander Holland Papers, BANC MSS 80/375 c. Courtesy The Bancroft Library, University of California, Berkeley.

3. I am working on a biography of (insert person here) and I want to make sure no one else publishes the material from The Bancroft Library collection before I do. How can I ensure I have sole rights to publish?
The Bancroft Library does not grant exclusive publication rights. By giving permission to publish a manuscript, the Library does not surrender its own right to publish it or to give others permission to publish it. Exclusive publication rights are sometimes a condition when The Bancroft Library obtains a collection and that will be clearly communicated in that collections record in OskiCat.

4. I can’t figure out how much I may owe, can someone help?
If you have already viewed our Fee Schedule and still have questions, please submit your duplication and/or publication service form(s) and The Bancroft Library staff can provide you with an itemized invoice.

5. How do I pay?
We accept credit card payments (American Express, Discover, MasterCard, or Visa) via our Aeon system. You will be prompted to pay via Aeon after Bancroft Library staff creates an invoice for your order and you have approved the charges.

You are also welcome to pay your charges via check. Please do not send a check until you have received the order invoice via Aeon. Please make checks payable to UC Regents and mail to:

University of California, Berkeley
The Bancroft Library
ATTN: Duplication and/or Permission Services
Berkeley, CA 94720-6000

UC affiliates can pay via Interdepartmental/Intercampus charge, or University of California recharge. The chartstring information must be provided to staff after you have approved your order invoice via Aeon.

We do not accept cash, bank transfers, vouchers, or Cal 1 Card. Please visit our eCommerce page for further information.

6. The image I want is on the Online Archive of California and/or Calisphere, can’t I just grab it from there and use it in my book, in my documentary or on my website?
The long answer is that the copyright law of the United States (Title 17 United States Code) governs the making of photocopies or other reproductions of copyrighted material and 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." If you make a request for, or later use, a photocopy or reproduction for purposes in excess of "fair use," you may be liable for copyright infringement. The Bancroft Library provides all duplicates (photocopies, photographic copies, digital copies, etc.) of materials from its collections via these digital repositories solely for your personal research use under terms specified by U.S. copyright law. This means that you do not have the right to republish, reproduce, display, distribute, broadcast, digitize and post on the World Wide Web, donate to another repository, offer for sale, or in any other way distribute these duplicates, or any portion thereof, in excess of fair use as defined by copyright law, without securing appropriate permissions from the copyright holder.

The short answer is that you need to request a high-resolution image for any facsimile of collection material that you wish to publish.

7. What if I do want to publish something I've already had duplicated via High-Resolution Imaging?
The Bancroft Library currently requires that all requests to publish are submitted via our Permissions Order form via Aeon, approved by the Permissions and Access Officer, and fees are then assessed for all publications. This is in addition to you being required to obtain copyright clearance.

Please note that while The Bancroft Library owns the materials in our collections, we usually do not own the copyright to these materials, except where it has been explicitly transferred to the UC Regents. You are solely responsible for determining the copyright status of materials and obtaining permission to use material from the copyright holder (owner of the intellectual property as defined by U.S. copyright law). In order to publish, display, or in any way further distribute any duplicates of materials obtained from The Bancroft Library, you are solely responsible for obtaining any necessary permissions from copyright holders to the extent required by the U.S. copyright law.

8. I need to send everything to the publisher on Friday! Can you get me the digital image file and a signed publication agreement by then?
Due to the large volume of both duplication and permission service requests The Bancroft Library handles we are unable to provide any rush services. In general a Duplication and/or Permissions Order request will take a minimum of 25 business days to be completed. The 25 business day turnaround time begins when payment has been received, not when the order is submitted. It is possible that you will receive it in a shorter timeframe, but we cannot guarantee a quicker turnaround time.

9. Can you tell me who currently holds copyright to the material I would like to publish?
Although The Bancroft Library is not the copyright holder for materials in most collections, we can provide you with information that we have available regarding copyright holders for the material you've requested. We cannot, however, warranty the accuracy of such information and shall not be responsible for any inaccurate information. The Bancroft Library will not do research concerning the existence and/or whereabouts of copyright holders.

10. Copyright sounds really confusing, can you help me find out more information?
The American Library Association offers many tools to help you understand the various stages and vagaries of copyright on their Copyright Tools website. These tools include a Public Domain Slider to help determine the copyright status of a work that was first published in the United States, a Fair Use Evaluator to help users understand how to determine if the use of a protected work is a “fair use,” and many others.

The U.S. Copyright Office provides information about How to Investigate the Copyright Status of a Work.

U.S. Copyright Office Database: The Copyright Office is an office of public record for copyright registrations and related documentation and they maintain copyright registrations for all works dating from January 1, 1978, to the present, as well as renewals and recorded documents in a publicly accessible database.

WATCH Files: Writers Artists and Their Copyright Holders is a database of copyright contacts for writers, artists, and prominent figures in other creative fields. The database is administered by the Harry Ransom Center, University of Texas, Austin.

The American Society of Picture Professionals has created a helpful website for those seeking information about publishing pictorial work.

If you are unable to identify or locate the current copyright owner of a copyrighted work, the copyrighted materials may be called an "orphan work." Columbia University Libraries and the Society of American Archivists provide information on documenting your effort to search for copyright owners and potentially using orphan works.

University of California Copyright: Copyright and fair use are of special concern in higher education and research. As both creators and users of copyrighted and public domain materials, members of the UC academic community should understand and responsibly exercise the rights accorded them under U.S. copyright law. The information provided on this site is intended as a guide to copyright at the University of California, and should not be taken as legal advice.

11. I would love to use this portrait I found in your collection in my advertisement for (insert product here). Should I be concerned about anything other than copyright?
The rights of privacy and publicity are separate and distinct issues from copyright. While copyright laws protect the copyright owner's property rights in the work, privacy and publicity rights protect the interests of the individuals who are the subject of the work. The right of publicity is a person’s right to control, and profit from, the use of his or her name, image and likeness. This means that any use of a person’s name, image or likeness for commercial gain is not permitted without his or her consent. The right of privacy is a person’s right to live outside of the public eye and free from the publicizing of intimate details of his or her life, which means that directing unwanted public attention to a person may give rise to a cause of action. Keep in mind that while a person's right to privacy generally ends with his or her death, publicity rights associated with the commercial value of that person’s name, image, or likeness may continue after their death. For example, many estates and representatives of famous deceased authors, photographers, celebrities, and other well-known figures continue to control and license use of their names and likenesses.

Unlike copyright, which is subject to the federal Copyright Act of 1976, privacy and publicity rights are subject to state laws; hence, what may be permitted in one state may not be permitted in another. Although fair use is a defense to copyright infringement, it is not a defense to claims alleging violation of privacy or publicity rights. You are solely responsible for addressing issues of privacy and publicity rights relating to your use of the materials. You can view the Right of Publicity statutes for your state on the Right of Publicity website.

Permissions Contact Information

If you have a question not answered on this site please contact the Permissions & Access Officer, Ms. Michael Lange. An email will generally be responded to more quickly than a phone call.
Email: mlange@berkeley.edu
Phone: 510-643-2437