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Archives & Special Collections Copyright Policy

The Copyright Act of 1978 (17 U.S.C. secs. 101 et al.) provides statutory protection for all writings from the dates of their creation, whether or not they are formally published or copyrighted. It is the responsibility of the researcher to obtain permission for the publication and commercial use of material not clearly in the public domain, as penalties for violation of this statute are severe.

1. Copying, by any means, of copyrighted material made without the permission of the copyright holder is restricted by federal law in accordance with "fair use" standards as specified in the Act.

2. Copying of materials such as correspondence, papers and photographs from manuscript collections is allowed only if (a) the University Archivist gives permission and (b) the literary rights to the collection have been transferred to Brandeis University by the original owner or legal custodian of the materials.

3. Copying of academic department or administrative office files is prohibited without the prior written permission of (a) the University Archivist and (b) the Chair or Head of the academic department or administrative office in question.

4. Publication or commercial use of copies is prohibited without the prior written permission of (a) the University Archivist and (b) the owner of the literary rights. Any permission granted by Brandeis University applies only to the extent of its ownership rights in the materials, and does not constitute and may not be substituted for permission from the owner of the literary rights, which it is the direct responsibility of the user to obtain.

5. Unless stated otherwise in writing, Brandeis University does not confer an exclusive right to publish an item by granting permission to publish a copy of an item.