Digital Library Center - University of Florida Smathers Libraries

Internet Distribution Permissions

Before copyrighted works can be digitized, distribution rights must be procured from the copyright holder assuming the work has not passed into the Public Domain.

Note: Publications often include separately copyrighted illustrations. Check illustration credits, verify their copyright status, and seek additional permissions as necessary.

The Digital Library Center most frequently seeks non-exclusive "Internet Distribution Rights" for an unlimited term. A grant of non-exclusive rights leaves the copyright holder the ability to grant distribution rights to others. "Internet Distribution Rights" limits dissemination to the World Wide Web.

If rights to other distribution formats are sought or anticipated, they should also be requested with specific mention of the distribution format, e.g., "CD-ROM/DVD Distribution Rights", "Print Distribution Rights", or more broadly, "Electronic Distribution Rights".

Distribution rights transfer a privileged use of a copyrighted work rather than the copyright, which remains with the copyright holder. Use the following documents as templates.

Permission Request Letters

Guidelines and permission forms for digital distribution rights (all in Word format).

Permisions Request Letter in a Word document format.

Digital Library Center
George A. Smathers Libraries
P.O. Box 117007
Gainesville, FL 32611-7007

Telephone: 352.273.2900
FAX: 352.846.3702
E-Mail: dlc@uflib.ufl.edu
[Date]

Dear [Copyright Holder],

The Digital Library Center at the University of Florida is a nonprofit center responsible for the collection and preservation of digital resources for education.

The following title(s), protected by your copyright, has been identified as important to the educational mission of the University.

[Author] . [Title]. [Publication Place] : [Publisher], [Publication Date].

The University of Florida, on behalf of the State of Florida, respectfully requests non-exclusive rights to digitize the title(s) for Internet distribution in image and text formats for an unlimited term. We would be happy to negotiate terms should you require a more restrictive grant of permissions. Digitized versions will be made available via the Internet, for on-line and off-line educational use, with a copyright statement identifying your rights as copyright holder and the terms of the grant of permissions.

Please review, modify, sign and return the attached Grant of Permissions. Please do not hesitate to call me or email your questions.

Sincerely,
[Your Signature]
[Your Typed Name]
[Your Title]

cc: DLC copyright clearance file

Grant Permissions

Grant of Permisions in a Word document format.

GRANT OF PERMISSIONS

In reference to the following title(s):

[Author]. [Title]. [Publication Place] : [Publisher], [Publication Date].

I, ____________________________________, as copyright holder or licensee with the authority to grant copyright permissions for the aforementioned title(s), hereby authorize the University of Florida, acting on behalf of the State of Florida, to digitize and distribute the title(s) for nonprofit, educational purposes via the Internet or successive technologies.

This is a non-exclusive grant of permissions for on-line and off-line use for an indefinite term. Off-line uses shall be consistent either, for educational uses, with the terms of U.S. copyright legislation's "fair use" provisions or, by the University of Florida, with the maintenance and preservation of an archival copy. Digitization allows the University of Florida to generate image- and text-based versions as appropriate and to provide and enhance access using search software.

This grant of permissions prohibits use of the digitized versions for commercial use or profit.

______________________________________
Signature of Copyright Holder

______________________________________
Printed or Typed Name of Copyright Holder

_______________
Date of Signature

Works that have Passed into the Public Domain

Public Domain refers to those works not protected by copyright law. Items in Public Domain fall into any of a number of categories. Barring a search of copyright files maintained by the Library of Congress, risk management is involved in determining what may or may not be in Public Domain.

Categories of Public Domain Materials

Titles, names, short phrases, and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering, or coloring;

Risk Management: While not copyrighted, items in this category may be registered or trademarked.

Trademark Search (U.S.A.): United States Patent and Trademark Office

Some U.S. states maintain additional databases of trademarks and registered business names.

Trademark Search (Canada): Canadian Trademark Database

Trademark Search (U.K.): The Patent Office

Trademark Search (Other Nations): WIPO Trademark Database Portal



List of ingredients or contents, as well as, blank forms

Risk Management: Instructions and text accompanying these items may be copyrighted.

Risk Management: Lists given in the forms of poems or other literary forms, or, recorded performance may be copyrighted as part of the work or performance.



Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration

Risk Management: When these items together with a description, explanation or illustration become fixed in a tangible medium, written or recorded, they become protected under current copyright legislation or they may be patented.

Patent Search (U.S.A.): United States Patent and Trademark Office

Patent Search (Canada): Canadian Patent Database

Patent Search (U.K.): The Patent Office



Work consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

Risk Management: Verify that information is indeed common property or that it contains no original authorship.

Risk Management: Some information that appears in public documents or other common sources may have been licensed or used under other specific terms. Verify that information is in the public domain. Information used under license or with permission should have been cited in the work.



Works by the U.S. government (only within the U.S.A.)

Risk Management: In the context of digital resources made available on the World Wide Web, this exception has global implications. The U.S. government grants relatively unrestricted use of its publications to its own citizens. U.S. goverment documents are not necessarily in Public Domain outside the U.S.A.

Recommended Copyright Notice for use with U.S. government documents: "Copyright [year], [Government Agency Name], except in the U.S.A."

Works by an agency of the State of Florida

Risk Management: The State of Florida grants limited rights of reproduction for the work of State of Florida agencies to other State of Florida agencies. Reproduction of a State of Florida or State of Florida agency resource by the University of Florida's Digital Library Center should be done in consultation with the agency responsible for the initial instance of the information.

Recommended Copyright Notice for use with Florida government documents: "Copyright [year], [State of Florida Agency Name]."

Risk Management: State of Florida publications may contain licenced or copyrighted content. Verify that content is not protected. Protected content will usually have been cited together with a notice of protections.

Risk Management: Since the devolution of State University System, Florida's institutions of higher learning quasi-public/quasi-private institutions. Reproduction of their works is not necessarily allowed by another state agency. The works of faculty should also be considered personal works until it can be proven that they are the works of their university.

Risk Management: Not all agencies using the "State of Florida" or "Florida" in their name are agencies of the State of Florida. Verify affliation using MyFlorida.com (http://www.myflorida.com/).



Works that have exceeded the period of copyright protection.

Risk Management: For aid in determining when a title passes into the Public Domain, consult the Cornell Institute for Digital Collections' "Copyright Term and the Public Domain in the United States" (http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm)

Titles, names, short phrases, and slogans; familiar symbols or designs; variations of typographic ornamentation, lettering, or coloring;
	Risk Management: While not copyrighted, items in this category may be registered or trademarked.
		Trademark Search (U.S.A.): United States Patent and Trademark Office
			Some U.S. states maintain additional databases of trademarks and registered business names.
		Trademark Search (Canada): Canadian Trademark Database
		Trademark Search (U.K.): The Patent Office
		Trademark Search (Other Nations): WIPO Trademark Database Portal

List of ingredients or contents, as well as, blank forms
	Risk Management: Instructions and text accompanying these items may be copyrighted.
	Risk Management: Lists given in the forms of poems or other literary forms, or, recorded performance may be copyrighted as part of the work or performance.

Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
	Risk Management: When these items together with a description, explanation or illustration become fixed in a tangible medium, written or recorded, they become protected under current copyright legislation or they may be patented.
		Patent Search (U.S.A.): United States Patent and Trademark Office
		Patent Search (Canada): Canadian Patent Database
		Patent Search (U.K.): The Patent Office

Work consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)
	Risk Management: Verify that information is indeed common property or that it contains no original authorship.
	Risk Management: Some information that appears in public documents or other common sources may have been licensed or used under other specific terms. Verify that information is in the public domain. Information used under license or with permission should have been cited in the work.

Works by the U.S. government (only within the U.S.A.)
	Risk Management: In the context of digital resources made available on the World Wide Web, this exception has global implications. The U.S. government grants relatively unrestricted use of its publications to its own citizens. U.S. goverment documents are not necessarily in Public Domain outside the U.S.A.
	Recommended Copyright Notice for use with U.S. government documents: "Copyright [year], [Government Agency Name], except in the U.S.A."

Works by an agency of the State of Florida
	Risk Management: The State of Florida grants limited rights of reproduction for the work of State of Florida agencies to other State of Florida agencies. Reproduction of a State of Florida or State of Florida agency resource by the University of Florida's Digital Library Center should be done in consultation with the agency responsible for the initial instance of the information.
	Recommended Copyright Notice for use with Florida government documents: "Copyright [year], [State of Florida Agency Name]."
	Risk Management: State of Florida publications may contain licenced or copyrighted content. Verify that content is not protected. Protected content will usually have been cited together with a notice of protections.
	Risk Management: Since the devolution of State University System, Florida's institutions of higher learning quasi-public/quasi-private institutions. Reproduction of their works is not necessarily allowed by another state agency. The works of faculty should also be considered personal works until it can be proven that they are the works of their university.
	Risk Management: Not all agencies using the "State of Florida" or "Florida" in their name are agencies of the State of Florida. Verify affliation using MyFlorida.com (http://www.myflorida.com/).

Works that have exceeded the period of copyright protection.
	Risk Management: For aid in determining when a title passes into the Public Domain, consult the Cornell Institute for Digital Collections' "Copyright Term and the Public Domain in the United States" (http://www.copyright.cornell.edu/training/Hirtle_Public_Domain.htm)