Copyright Guidance

Overview

The issue of copyright ownership comes up frequently in the course of normal use of collection materials. The vast majority of the materials in our collections was not produced by Special Collections and Archives, and therefore we do not own the original copyright to those items. Additionally, some material may not have entered the public domain based on its age. In all cases, Spec representatives should proceed with caution when a patron asks for permission to reproduce or otherwise use materials for any purpose other than those listed under the Fair Use clause of copyright law. It is ultimately the patron’s responsibility to avoid violating copyright law by locating the copyright owner and securing the correct permissions to use materials from Spec, but Spec employees can provide limited guidance to patrons.

Key Points to Keep in Mind

  • In the vast majority of cases, Spec does not own the copyright to the materials we hold, and we rarely have information about who does own the copyright. It is best to assume that all works are copyright protected unless you can prove otherwise.

  • It is generally true that materials created by the university/university employees are owned by the University of Idaho. If these materials are still under copyright (based on age), consult with the Head of Special Collections and Archives, who may recommend that the patron fill out the Request for Use form.

  • Even if an item is still under copyright based on age, copyright law does not prohibit Fair Use of an item. Much archival research is personal or scholarly and may therefore fall under Fair Use. However, each situation is unique, so it may be useful to direct patrons toward the Fair Use information below and on the Spec section of the Library website: Copyright Information.

  • If you’re uncertain, please ask colleagues or do additional research.

Public Domain

As of 2025, work published in the US prior to 1930 is generally in the public domain. This changes each year. No permission is needed to copy or use public domain works.

Materials that are generally in the public domain (not protected by copyright) include:

  • Federal government publications (regardless of age)
  • Items that are past the copyright term of 95 years from date of publication

If an item from Spec is in the public domain, ask patrons to use citation information so that others will know where the item is located: Citations.

Fair Use

The legal exception of Fair Use under copyright law allows for the reproduction of copyrighted works under certain conditions. In general, patron requests can be judged against the following criteria.

MORE LIKELY to be Fair Use:

Content adapted from Amy Dygent, "Copyright services and the university," Society of American Archivists Annual Meeting 2020.

Purpose & Character of Use If the work created is:
  • Educational
  • Transformative
  • Non-profit
Purpose & Character of Original Material If the archival material used is:
  • Factual
  • Non-fiction
  • News
  • Published
Amount of Original Material Used If intended to take from original material:
  • A small amount
  • Only as much as necessary
Effect of Use on Potential Market If:
  • Use has no significant effect on the market
  • Few copies of work are made/distributed
  • Access to work is restricted (to class use, to private server, etc.)
  • Original work is no longer sold, in print, or distrusted

LESS LIKELY to be Fair Use:

Content adapted from Amy Dygent, "Copyright services and the university," Society of American Archivists Annual Meeting 2020.

Purpose & Character of Use If the work created is:
  • Commercial entertainment
  • Verbatim (untransformed)
  • From original
  • Profit-generating
Purpose & Character of Original Material If the archival material used is:
  • Creative
  • Fiction
  • Entertainment
  • Unpublished
Amount of Original Material Used If intended to take from original material:
  • A large amount or entire work
  • More than necessary for educational purposes
Effect of Use on Potential Market If:
  • Work prevents sales of original
  • Work is made broadly available to public
  • Access to work is restricted (to class use, to private server, etc.)
  • Owner/creator of original work requests that users license the material

Standard Notice for Reproductions

When reproductions of materials are provided to a patron, the following language should accompany the transfer:

Nearly all materials may be legally protected by copyright laws, even if they were never published or registered with a copyright office. This means that material within this archive may be copyright protected. Though most archival research is personal or scholarly - and so falls into the category of “Fair Use” - it’s important to understand how copyright works and how you can use copyrighted materials. The copyright holder must license the work or give permission to anyone who wants to reproduce, adapt, distribute, display, or transmit it. To be cautious, assume that all creative works - including audio and video recordings, photographs and images, even documents, writing drafts, drawings and sketches - are copyright protected, unless you can prove otherwise. To re-use copyrighted material in your own work, you may need to seek a license or permission to use the work from the copyright holder. It is the responsibility of the user to determine if their intentions fall within Fair Use, who holds the copyright, and how to obtain permissions. The University of Idaho Library is not liable for any violations of the law by users.

(Language adapted from University Libraries at University of Colorado Boulder)

Other Email Language Examples

General guidance about copyright can be found on the Special Collections and Archives section of the Library website: Copyright Information. Because this guidance is fairly lengthy and not easily adapted to specific inquiries, the following language is provided for common scenarios.

General Warnings

So that you’re aware, these items are very likely still under copyright; the University of Idaho Library does not hold the copyright, so we cannot grant permissions. However, your use of these items may be considered fair use. We have a quick guide on our website, but I recommend doing further research if you’re unsure. Please note that the University of Idaho Library is not liable for any violations of the law by users.
Please note that the University of Idaho does not hold the copyright for the photos in this collection, therefore we cannot give permission to use the images. You may determine that your intended use falls within fair use of copyrighted materials. We offer some information about copyright on our website here. Please note that the University of Idaho Library is not liable for any violations of the law by users.
We can certainly provide a digital copy of the image, but it would be you or your publisher’s responsibility to determine the legality of using the image.

For Public Domain Materials

That image has passed into the public domain due to its age, so you are free to use it (we have no copyright for it and therefore cannot grant permission, but it is free of copyright restrictions in any case). We would appreciate if you’d use the citation information at the bottom of the page you referenced, as it will allow researchers to find both the online image and information about the item.
The images you inquired about appear to be in the public domain. Items generally pass into the public domain 95 years after the date of creation. The photos you linked meet that criteria. We do ask that reproductions include information about the source of the image.
Materials produced by federal agencies (such as the US Forest Service) are generally in the public domain and can therefore be reproduced without permission.

For Requests Involving Digital Collection Items

We do not, unfortunately, hold the copyright for the materials preserved in the [example collection]. The collection was donated to U of I, but commercial reproduction rights were not included in the transfer. We make some material available under the educational fair use clause of copyright law.

Directing Patrons to Other Institutions

The University of Idaho doesn’t hold the copyright on the photo, so we don’t have a legal standing to grant use permission. The source notes that it is from [fill in the blank]. You could try contacting that institution and asking about them about permissions. Their email is [fill in the blank].

For Materials Spec Doesn’t Actually Hold

The provenance of this digitized photo collection is murky. My institution does not possess a physical copy of the photo, and the digital copy was acquired from the [fill in the blank]. I am unaware of any records indicating that [fill in the blank] transferred copyright privileges to University of Idaho Library.

Special Collections and Archives currently maintains abbreviated, department-related copyright information both on Spec’s section of the main Library website (https://www.lib.uidaho.edu/special-collections/policies.html#copyright-information) and in the Library’s centralized Copyright Guide (https://uidaholib.github.io/copyright-guide/guide/spec/).

If you update one section, make sure that you update the other as well. We are maintaining mirrored language in both locations so that Spec-related copyright information appears within the context of the Library’s copyright information and the context of Special Collections and Archives’s work.

Spec main Library website section update location: uidaholib/main-web-redesign-draft/content/special-collections/policies

Copyright Guide update location: uidaholib/copyright-guide/guide/spec

Answering Patron Inquiries Reading Room Practices