SPEC Kit 335: Digital Image Collections and Services · 155
DIGITAL LIBRARY OF THE CARIBBEAN
Guide to Permissions &Copyright/Public Domain Review
http://dloc.com/AA00002865/00004/pdf
www.dloc.com Permissions and Copyright: 3
Permissions, Evaluating for Copyright/Public Domain, and Handling for Orphan
Works
Evaluating for Copyright/Public Domain
Evaluation for copyright status will vary based on the jurisdiction, type of materials, whether the work
was officially published, and whether the work was created by an individual, corporation, or
government. International trade agreements have assisted in standardizing many areas to a default
length of copyright and for many it is the life of the author plus either 50 or 70 years.ii Copyright
requirements and length are subject to change based on legal changes.
Overview of Permissions
Because of the collaborative opportunities presented by requesting permissions and the complexities of
copyright law, dLOC partners focus on requesting and receiving permissions to support the digitization,
online access, and long‐term preservation of materials.
dLOC partners frequently work with publishers and copyright owners to request permissions. Copyright
owners can grant permissions to dLOC through any partner or by contacting the dLOC Coordinator.
dLOC’s permissions process has been refined over the course of many years. Currently, dLOC partners
use a template letter as a cover letter to send to rights holders along with a template form for the grant
of permissions that rights’ holders are requested to sign.
The cover letter template provides basic information: on dLOC, the permissions model wherein rights’
holders retain all rights, and the included grant of permissions.
The grant of permissions template is the standard agreement signed by all who grant permissions. The
grant of permissions explicitly states that the rights’ holder is only granting:
a non‐exclusive grant of permissions for on‐line and off‐line use for an indefinite term. Off‐line
uses shall be consistent only with the maintenance and preservation of an archival copy.
Digitization allows dLOC to generate image‐ and text‐based versions as appropriate and to
provide and enhance access using search software.
To ensure the permissions model is clearly understood, the grant of permissions also specifically states
that dLOC is not requesting and is not being granted permissions for commercial or for‐profit uses.
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