HMCSL Copyright and Use Information
Hawaiian Mission Children's Society Library Copyright and Use Information
Rights & Reproductions
The Hawaiian Mission Children’s Society Library (HMCSL) supports scholarship and research by providing reproductions of materials for private study and general use. HMCSL encourages you to use materials from our collections that are in the public domain and to make fair use of copyrighted materials as defined by copyright law. Requests are fulfilled to the extent allowed by the format and physical condition of the material, as well as any applicable restrictions, including copyright regulations, privacy rights, donor-imposed regulations, or other rights-related issues.
Please contact us with any questions about HMCSL’s Rights and Reproductions.
Copyright and Use
The copyright law of the United States (Title 17 United States Code) governs the making of reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If you use reproduction for purposes in excess of “fair use,” you may be liable for copyright infringement.
We encourage you to use materials in our collections that are in the public domain and to make fair use of copyright materials as defined by copyright law.
Many of HMCSL’s special collection materials are still within copyright. While the HMCSL owns the physical objects in its collections, in the majority of cases HMCSL does not own the intellectual content. HMCSL cannot grant or deny permission to publish or distribute material whose copyright it does not hold, or materials deemed to be in the public domain. Please note that copyright law protects published as well as unpublished materials.
Materials, and images of them, may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by HMCSL. In obtaining a reproduction from HMCSL, responsibility for determining the rights status of materials, making an independent legal assessment of an item, and securing any necessary permissions ultimately rests with any person intending to use an item. The patron is responsible for obtaining all required permissions from copyright holders, and other rights holders, before publishing, distributing, or in any other way using a protected item beyond that allowed by fair use.
Resale of any image that HMCSS holds copyright over in any form is prohibited.
HMCSL will try to provide you with information regarding the holders of the copyright for materials in their collections. Please note that often this information is not on file and HMCSL does not have the resources to conduct copyright research for patrons. In such cases, it is your responsibility to attempt to locate the copyright holder. HMCSL can not guarantee the accuracy of any rights holder information, and shall not be responsible for any inaccurate information.
Attribution / Citation Information
The name of the Hawaiian Mission Children’s Society Library must not be used in any manner that incorrectly implies any sponsorship or endorsement by HMCSL. When you use reproductions from HMCSL’s collections, please acknowledge HMCSL as the source of the material in the following manner:
[Item/Folder title, Date] [box number, folder number, call number]; [Collection name]; Collections of the Hawaiian Mission Children's Society Library, Hawaiian Mission Houses Historic Site and Archives.
Privacy and Publicity Rights
The publisher/user is solely responsible for addressing issues of privacy and publicity rights related to the use of HMCSL’s materials. Fair use is not a defense for violating privacy or publicity rights as the rights of privacy and publicity are distinct from copyright. Copyright laws protect the copyright owner’s property rights in the work, but privacy and publicity rights protect the interests of the individuals who are the subject of the work. While a person’s right to privacy usually ends with his or her death, it should be noted that publicity rights associated with any commercial value of that person’s name or image or likeness, continue after their death. Unlike copyright, which is subject to the Copyright Act of 1976, privacy and publicity rights are subject to state laws.
In receiving a reproduction from HMCSL, the patron assumes all responsibility for infringement of copyright or other rights in the use of the material. HMCSL makes no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or HMCSL by artists, their agents, estates, or by any parties in connection with the reproduction of items in the collections of HMCSL.