Special Collections in Performing Arts (SCPA) generally does not own the copyright to materials in its collection. Unless SCPA is the owner of the copyright, it cannot give or deny permission to publish or otherwise distribute material in its collections. Transmission or reproduction of protected items beyond what is deemed a fair use of those items under copyright law requires the written permission of the copyright owners. It is the requester's obligation to determine if a particular use is fair and to obtain permission to engage in a use that is not fair. However, the very nature of archival materials sometimes makes it difficult, if not impossible, to determine who is the owner of copyright in such materials and what restrictions on use, if any, apply. SCPA will furnish information it has, if any, regarding the owner of copyright and restrictions on use for particular material. SCPA cannot and will not make any warranty or representation, express or implied, oral or in writing, that a particular use of archival material is not an infringement of any copyright or property right of any third party. It is entirely the responsibility of the requester to determine and ensure that use of material fully complies with copyright law and other possible restrictions on use.
SCPA recognizes that high-quality reproductions of copyrighted materials are characterized by attributes that make them particularly susceptible to infringing uses. For example, a primary attribute of scanned (digitized) works is the ease and speed with which that scanned material can be reproduced in print or electronic format and distributed or transmitted over networks to great numbers of recipients. Similarly, digital works can be displayed electronically at many locations at once, calling into play the exclusive right of the copyright holder to control public display. Finally, digitized works can be easily manipulated in a computer, by distorting, modifying or deleting content, or copyright ownership and other information, thereby compromising the reliability of the underlying work.
The copyright law of the United States (Title 17, U. S. Code) governs the making of photocopies or other reproductions of copyrighted material. The requester must understand that it is entirely their responsibility to determine and ensure that use of materials fully complies with copyright law and with other possible restrictions on use.
SCPA reserves the right to refuse to accept a request to scan material if in its judgment, fulfillment of the order would involve violation of copyright law.
Requesters must certify that they have received permission from the copyright holder when appropriate.
When citing materials in SCPA's collections, patrons should include the following information in the citation: a copyright notice (if the copyright holder is known); acknowledgment of the photographer, if applicable; the title of the collection; and the credit line, "Special Collections in Performing Arts, University of Maryland Libraries."
For example: Joy of Song, copyright Victor Talking Machine Company 1923; Haas-Shreiner, International, photographer; MENC Historical Center; Special Collections in Performing Arts, University of Maryland Libraries.
If copies from SCPA holdings have been acquired for publication, broadcast, or other commercial use, the researcher must agree to defend, indemnify, and hold harmless the University of Maryland Libraries and the University of Maryland System, its Board of Regents, the University of Maryland, its officers, employees and agents against all claims, demands, costs, and expenses including all attorney's fees incurred by copyright infringement or any other legal or regulatory course of action arising from the use of the Libraries' SCPA holdings.