Usage Statement for digital.dehistory.org

February 1, 2022

This policy applies to digital.dehistory.org, a subdomain of dehistory.org, the website of Delaware Historical Society (DHS). By use of this website, users acknowledge and consent to the policies of this website and all other DHS policies that govern use of the Historical Society’s online platforms. We ask that users approach works with respect for others’ cultures, lives, ideas, experiences, perspectives, and creative expressions as documented by works in our collections.

Using Items from digital.dehistory.org

Our resources and collections are available for use on our website for research and educational purposes but use outside of our website may be determined by copyright and other rights restrictions. Prior to using any materials on this website, users are responsible for investigating whether the works fall within a copyright exception. The purpose of this Usage Policy is to help users understand conditions for use and decide whether use of these materials is allowed under copyright law.

To start, consider the following questions:

• Is the work subject to copyright?
• Do you have permission to use the work?
• Do you plan/intend to use the materials within a copyright exception?

Visit the U.S. Copyright Office website for more information on copyright law, or checkout Copyright for Dummies by LAC Group for a quick read!

Copyright Restrictions on the Use of Materials in digital.dehistory.org

Digital works are protected by copyright laws just as non-digital works are protected, giving authors and creators certain rights over reproduction, distribution, adaptation, and public performance or display. Works produced by authors or creators within the United States may be protected by U.S. copyright law. Works produced by authors or creators outside of the U.S. may not only be protected by U.S. copyright laws, but also the laws of another country, international laws and agreements, or a combination. Works received through donations, gifts, or purchases also may have additional or separate restrictions on their use determined by gift agreements, purchases terms, or licenses.

It is the responsibility of the user to secure permission from copyright owners and payment of such additional fees as the owners may require if the Historical Society does not own copyright or if the material is not in the public domain.

Obtain Permission to Use Copyrighted Works

If a work is not in the public domain or licensed through Creative Commons or other means, and no copyright exception applies to the planned use of the work, permission for use needs to be obtained from the copyright holder. When in doubt about whether works fall under copyright, assume there is a copyright restriction and proceed accordingly until any restrictions on use are fully understood.

DHS cannot grant permission to use items in collections that are copyright protected. DHS also cannot contact rights holders for permission on behalf of someone requesting to use the material. Whenever possible, DHS will provide the most accurate information available based on records about the materials in collections.

Contact the Rights Holder and Ask Permission for Use

Requesting permission from a rights holder can be as easy as sending an email. Both parties must understand and agree upon terms of use. The agreement should be documented in writing. The rights holder is entitled to know what work(s) is intended for use, for how long the work(s) will be used and under what conditions, how the work(s) will be used, and information about the context of use.

Please be aware that copyright laws are separate from privacy rights and terms of use. Digital.dehistory.org follows DHS’s Privacy Policy and Terms of Use as posted on dehistory.org. It is the responsibility of the user to review these policies in addition to the copyright policy. Even if use of works is granted by a rights holder, users are also responsible for determining whether there are additional restrictions regarding privacy and terms of use.

WARNING CONCERNING COPYRIGHT RESTRICTIONS: The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyright material. Under certain conditions specified in the law, libraries and archives are authorized to furnish photocopies or other reproductions of copyrighted works. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” the user may be liable for copyright infringement. This institution reserves the right to refuse to accept an order if, in its judgment, fulfillment of the order would involve violation of copyright law. The granting of permission to publish by Delaware Historical Society (DHS) does not absolve users of materials from securing permission from copyright owners and payment of such additional fees as the owners may require if DHS does not own copyright or if the material is not in the public domain. Applicants assume all responsibility for  questions of copyright and invasion of privacy that may arise in copying and in the use of the photographic copy.

Updates to Usage Policy

DHS reserves the right amend this policy at any time and to make changes anywhere on the website.

All concerns about how your information is used, questions regarding this policy statement, comments, feedback, requests for technical support, and other communications (if you feel that this site is not following its stated information policy, or to review or request changes to your information) should be directed to:

Delaware Historical Society
505 North Market Street,
Wilmington, Delaware 19801
deinfo@dehistory.org
www.dehistory.org