Research

UHM Library Digital Collections Disclaimer and Copyright Information

The mission of the University of Hawaiʻi at Mānoa (UHM) Library is to preserve and provide access to information, knowledge resources, and research materials to foster teaching, study, and community engagement. As part of this educational mission, the UHM Library makes digital images of selected items from its collections available via the World Wide Web. The contents of UHM Library digital image collections (including photographs, maps, text, manuscripts, sound and video recordings, etc.) are made publicly available for purposes of research, education, and private study.

DISCLAIMER (applies to all collections)

Material in the digital collections does not necessarily reflect any official position of the UHM Library, the University of Hawaiʻi system, or the State of Hawaiʻi. The content of some material may be considered sensitive, reflecting the culture or language of a period or place. Some materials may have special significance for indigenous communities and other cultural groups, and researchers are encouraged to be sensitive to this.

COPYRIGHT

Some collections, or items within collections, are governed by U.S. copyright. Fair use, as defined by U.S. copyright may apply to the use of this material. All other uses require prior consultation with and consent of the U.S. copyright holders. The lack of an identified copyright holder does not mean one does not exist.

The user is responsible for determining what U.S. copyright laws apply depending on their intended use. Users should contact the UHM Library at emailref@hawaii.edu about who owns the U.S. copyright if known.  Researchers are encouraged to be aware of the cultural or intellectual property rights that pertain to aspects of Traditional Knowledge.

U.S. Copyright owners who are not properly identified are invited to contact the UHM Library at emailref@hawaii.edu so that appropriate information may be provided.

This chart is applicable to copyright permissions only. Researchers are responsible for obtaining copyright permission and determining other legal restrictions that may apply to the material’s use and distribution such as privacy and publicity rights; contract and other restrictions.

Copyright Status of Work Action Required by User
Works in Public Domain No action needed.
The University of Hawaiʻi owns the copyright The University of Hawaiʻi controls rights. Seek university permission if intended use exceeds fair use.
Third-party owns the copyright Third-party controls rights. Contact rights holders if intended use exceeds fair use.

Guidance on Determining Copyright Status & Locating Copyright Holders:

  • Public Domain. Public domain refers to works for which copyright protections have expired, or works that were ineligible for protection from the start. Public domain works are open for use with no permission needed. The Library will not make public domain determinations for researchers. For assistance in determining whether a work is in the public domain, the University of California Office of the President has provided helpful general rules of thumb in its Public Domain guide. For more detailed inquiries, we recommend using Cornell’s chart, Copyright Term and the Public Domain in the United States, in combination with the Stanford Copyright Renewal Database.
  • Finding Copyright Holders. For help locating third-party copyright holder(s), the following resources may assist your investigation:
    • WATCH File: The WATCH File (Writers, Artists, and Their Copyright Holders) is a database containing primarily the names and addresses of copyright holders or contact persons for authors and artists whose archives are housed, in whole or in part, in libraries and archives in North America and the United Kingdom.
    • U.S. Copyright Office: You can search a public database at the U.S. Copyright Office for copyright information on all works registered with the U.S. Copyright Office after January 1, 1978.
    • For materials to which third parties hold the copyright but the physical copies are stewarded by Hamilton Library, you may also contact the UHM Library at emailref@hawaii.edu to determine whether the Library has any information about the potential copyright holder. The Library makes no representations about the accuracy or completeness of copyright ownership information in its collections.

Determining Whether Your Intended Use Is Fair Use:

A researcher does not need a copyright holder’s permission to publish when the intended use is fair use because United States copyright law contains a limited exception for certain uses made for teaching, scholarship, research, criticism, commentary, and news reporting. It is the researcher’s responsibility to determine whether the intended use is a fair use. The Hamilton Library cannot make a fair use determination for you.

For guidelines on what uses qualify for the fair use exception, please see:

OTHER LAWS AND RESTRICTIONS

Please keep in mind that there are several laws and policies outside of copyright that also affect publication permission.

  • Gift or Donor Agreements: Requests to publish archival and other special collections materials stewarded by the Library may be subject to gift or donor agreement limitations. The Library reserves all rights to grant and deny Permission to Publish Request & Agreement inquiries based on these limitations.
  • Privacy & Publicity Rights: In addition, a researcher must also comply with applicable federal and state privacy and publicity laws when publishing certain materials. While copyright laws protect the copyright owner’s property rights in the work, privacy and publicity laws protect the interests of the individuals who are the subject of the work. In general, a person’s right to privacy ends with his or her death, but publicity rights associated with the commercial value of that person’s name, image, or likeness may continue after death. It is a researcher’s sole responsibility for addressing issues of privacy and publicity rights when publishing content from Library materials. For more information on privacy & publicity laws and rights, see the Digital Media Law Project page on privacy and publicity.

Attributions

As a matter of good scholarly practice, we recommend that patrons using Library-provided reproductions cite the Library and/or the appropriate web page as the source of reproductions. We also recommend, where applicable, that patrons retain a record of their fair use (PDF) determinations or attempts to secure permissions.

Acknowledgment

Text adapted, with permission, from UC Berkeley Library Permissions Policies statement. (n.d.). Retrieved on Mar 19, 2020 from https://www.lib.berkeley.edu/about/permissions-policies

TAKEDOWN STATEMENT

The University of Hawaiʻi respects the privacy, culture, and intellectual property rights of others and recognizes that in making collections available online, materials that are private, culturally sensitive, or that violates the copyrights of others may inadvertently be published on this website. In such cases, individuals whose private, culturally sensitive information, or copyrighted materials are exposed may request that the materials be taken down through the following procedure.

For copyright holders, please submit your request to the University of Hawaiʻi’s Digital Millennium Copyright Act (“DMCA”) designated agent at:

University of Hawaiʻi
Attn: Garret Yoshimi
2520 Correa Road, ITC-6th Floor
Honolulu, HI 96822
dmca-agent@hawaii.edu
(808)956-3501

For all other requests, please submit your takedown requests to library@hawaii.edu or

UH Mānoa Library
2550 McCarthy Mall
Honolulu, HI 96822

Required Information For Takedown Requests

For all takedown requests, please include the following information in your request:

  1. Your full name and contact information (mailing address, phone number, email address).
  2. A statement as to whether you are making this request for yourself or on behalf of another.
  3. Identifying information concerning the material for which you are submitting the
    takedown request. Providing URLs in your communication is the best way to help us locate content quickly.
  4. An explanation with as much detail as possible regarding why you believe this material should not be available online.
  5. URL and/or collection name
  6. For copyright takedown requests, please also include :
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • A description of the copyrighted work claimed to have been infringed,
    • A statement that the copyright holder or authorized agent has a good faith belief that use of the copyrighted material complained of is not authorized by copyright owner, its agent, or the law;
    • A statement that the information in the request is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Based on your request, the appropriate person/collection manager will reach out promptly to discuss your concerns. You may be asked to provide additional supporting information.

CHOICE OF LAW, JURISDICTION, AND VENUE

The University of Hawaiʻi is located in the State of Hawaiʻi.  You agree that any dispute arising out of or relating to the content posted to this website, including copies and republication thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of Hawaiʻi and further consent to personal jurisdiction and exclusive venue in the state courts located in Honolulu, Hawaiʻi as the legal forum for any dispute.

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