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New York State Library Policies

Copyright Policy for Duplication Services

Copyright protects the rights of authors of creative works such as books, posters, maps, and music. In the United States, it is part of Title 17 of the U.S. Code and protects authors of “original works of authorship” for both published and unpublished works. The owner of copyright has the exclusive rights to reproduce the work, distribute copies of the work, transfer ownership, and/or display the work publicly.

The NYS Library, generally, does not own copyright to materials in its collections. Individuals requesting duplication services may need to determine if an item is protected by copyright or in the public domain and may need to abide by any copyright or use restrictions when publishing or distributing materials from our collections. Duplication of protected items beyond what is allowed by fair use or other exemptions requires written permission from the copyright holder. It is the responsibility of the individual requesting duplication services to obtain written permission from the copyright holder.

Fair Use

The fair use of a copyrighted work, including duplication, “for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright” (Chapter 1 - Circular 92 | U.S. Copyright Office). The NYS Library upholds copyright and follows copyright laws with regard to copying materials. It is the responsibility of the user to determine if their use of the copy is considered fair use.

Other exemptions

The NYS Library is afforded some exemptions related to copyright to support library services including interlibrary loan, preservation, and private study.

The NYS Library may make one (1) duplicate copy of items pursuant to Sections 108(d) and 108(e) of the U.S. Copyright Act to fulfill a user’s individual request for the material. To lawfully make duplicates under sections 108(d) and 108(e), the following criteria must be met:

  • The item to be copied is from the collection of a library or archives where the user makes the request or from the collections of another library or archives.
  • The duplicate is no more than one article or other contribution to a copyrighted collection or periodical issue.
  • The duplicate is a substantial part of the copyrighted work if the library or archives has first determined, based on a reasonable investigation, that a copy of the copyrighted work cannot be obtained at a fair price.
  • The work is not a musical work such as sheet music or a recording, the work is not pictorial, graphic, or sculpture, and the work is not a motion picture or other audiovisual work.
  • The library has no knowledge that the duplicate will be used for any purpose other than private study, scholarship, or research.
  • The item or collection is open to the public or available to researchers affiliated with the library and others doing research in a specialized field.

Crediting Materials

When materials from the NYS Library’s collection are published or distributed, the NYS Library requests the courtesy of a credit line that includes a reference to the NYS Library and the specific collection.

Examples:

  • World War I Posters Collection, ca. 1914-1920 (SC23360), Manuscripts and Special Collections, NYS Library, Albany, NY.
  • Courtesy of the NYS Library’s Manuscripts and Special Collections Unit, SC23360
  • From the collections of the New York State Library, Albany, New York
  • From the NYS Library’s Digital Collections

Example of shorter version:

  • NYS Library, MSC (SC23360)
  • NYS Library Collections

Updated on 6/23/2021