About Special Collections
Copyright and Use
The copyright law of the United States (Title 17 United States Code) governs the making of reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be used for any purpose other than private study, scholarship, or research. If a researcher uses a reproduction for purposes in excess of fair use that researcher may be liable for copyright infringement.
Request to reproduce items
Requests to copy Special Collections material constitute an agreement that you will not reproduce, transfer, distribute, broadcast, publicly display, offer for sale, or otherwise use or publish any material subject to copyright, or a portion thereof, in excess of fair use, as defined by copyright law, without the express permission of the copyright holder.
Please note that while the UTSA Libraries Special Collections owns the materials in our collections, we usually do not own the copyright to these materials, except where it has been explicitly transferred to UTSA. You are solely responsible for determining the copyright status of materials and obtaining permission to use material from the copyright holder. Special Collections can not provide permission to publish or distribute materials when UTSA is not the copyright holder.
We reserve the right to limit the number of copies made; to restrict the use of rare and valuable items; and to deny a request because of copyright regulations, privacy rights, donor-imposed regulations, or other rights related issues.
Copyright and Use
Materials held by UTSA Libraries Special Collections may be protected by United States Copyright Law and/or by the copyright laws of other countries. Copyright law protects unpublished as well as published materials.
Special Collections does not claim to control the rights for reproduction for all materials or images in its collections. Certain images or materials may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by UTSA.
If UTSA does not clearly hold the copyright to an item, Special Collections cannot grant or deny permission to use that material.
In obtaining a reproduction from Special Collections, you assume all responsibility for determining whether any permissions relating to copyright, privacy, publicity, trademark, or any other rights are necessary for your intended use, and for obtaining all required permissions. Written permission from the copyright holders and/or other rights holders is required for publication, distribution, or other use of protected items beyond that allowed by fair use.
Special Collections is unable to do research concerning the existence and/or whereabouts of rights holders. To the extent that we provide available information, the Libraries is unable to warrant the accuracy of such information and shall not be responsible for any inaccurate information. Special Collections does not facilitate or execute requests for permission.
The U.S. Copyright Office has provided information about How to Investigate the Copyright Status of a Work. When you cannot identify or locate the current copyright owner of a copyrighted work, the copyrighted material is sometimes called an “orphan work.” Columbia University Libraries and the Society of American Archivists have provided advice about documenting searches for copyright owners and potentially using orphan works.
When you use material, you must properly acknowledge UTSA Libraries Special Collections as the source of the material.
You also must not use the name of Special Collections, the UTSA Libraries, or UTSA in any manner which creates any false association between you and the image, materials, the Libraries, and/or UTSA, or that incorrectly implies any sponsorship or endorsement by the Libraries, UTSA, or any third party rights holder.
We appreciate receiving a copy of any published work that features our material.
If you have any more information about an item you've seen on our website or if you are the copyright owner and believe our website has not properly attributed your work to you or has used it without permission, we want to hear from you. Please email us with your contact information and a link to the relevant content.
Please use the following credit line, or one in a similar format that has been approved by the UTSA Libraries Special Collections, when publishing or using in facsimile reproduction the material(s) from University of Texas at San Antonio Libraries Special Collections:
[Identify item], [Collection Name], [Collection #], University of Texas at San Antonio Libraries Special Collections.
Privacy and publicity rights
You are solely responsible for addressing issues of privacy and publicity rights relating to your use of our materials. The rights of privacy and publicity are distinct from copyright. Although fair use is a defense to copyright infringement, it is not a defense to violating privacy or publicity rights.
An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR 46 (Protection of Human Subjects). Special Collections reserves the right to require a release from individuals whose privacy may be violated by the reproduction of this image or materials.
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. Rights of publicity are governed by state laws, for example Texas Right of Publicity Law.
In receiving a reproduction from our holdings, you assume all responsibility for infringement of copyright or other rights in your use of the material. You must agree to defend, indemnify, and hold harmless the University of Texas at San Antonio and its Regents, officers, agents and employees, from and against any and all liabilities, losses, demand, penalties, costs, expenses, attorneys’ fees, lawsuits, fines, judgments, or causes of actions, including but not limited to claims relating to infringement of copyright, trademark, invasion of rights of privacy or publicity, or libel that arise either directly or indirectly from any use by the requestor of the images and/or materials provided by UTSA Libraries Special Collections.