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You must accept the terms of the following agreement in order to obtain access to Special Collections materials.

Terms Governing Use of Holdings

Manuscripts and Archives exists to preserve the heritage of the past and to make it available to researchers. These terms govern use of our holdings whether in original form or as digital surrogates. Original materials in our holdings are non-circulating and must be used in the reading room. Upon registration, Manuscripts and Archives grants permission to examine its holdings to qualified researchers, subject to whatever restrictions may have been placed by donors or depositors. We will not grant exclusive rights to examine holdings.

Publication
In granting permission to examine holdings, we are not authorizing publication. You are solely responsible for determining the copyright status of any materials you may wish to use, to investigate the owner of the copyright, and to obtain permission for your intended use. In all cases, you must cite Manuscripts and Archives (or the Fortunoff Video Holocaust Testimonies), Yale University Library as the source. The Library will be held blameless for your infringement of copyright or of publication rights held by others.

Manuscripts and Archives can only grant permission to publish those holdings for which Yale University is the copyright holder. We reserve the right to assess a use fee when granting permission to publish materials for which the University does hold copyright. In giving permission to publish, the Yale University Library does not surrender its own right thereafter to publish the material or to grant permission to others to publish it. As soon as a work is published, please present Manuscripts and Archives with a copy of any publication (except a dissertation) that relies heavily on the department's holdings.

Privacy and Publicity Rights
Privacy and publicity rights reflect separate and distinct interests from copyright interests. While copyright protects the copyright holder's property rights in the work or intellectual creation, privacy and publicity rights protect the interests of the person(s) who may be the subject(s) of the work or intellectual creation. Issues pertaining to privacy and publicity may arise when a researcher contemplates the use of letters, diary entries, photographs or reportage in visual, audio, and print formats found in our collections. Because two or more people are often involved in the work (e.g., photographer and subject, interviewer and interviewee) and because of the ease with which various media in digital format can be reused, photographs, audio files, and motion pictures represent materials in which issues of privacy and publicity emerge with some frequency.

Neither privacy nor publicity rights are the subject of federal law. While fair use is a defense to copyright infringement, fair use is not a defense to claims of violation of privacy or publicity rights. Privacy and publicity rights are the subject of state laws. What may be permitted in one state may not be permitted in another. Note also that related causes of action may be pursued under the federal Lanham Act, 15 U.S.C. § 1125 (a), for example, for unauthorized uses of a person's identity in order to create a false endorsement.

While an individual's right to privacy generally ends when the individual dies, publicity rights associated with the commercial value connected with an individual's name, image or voice may continue.1

Patrons bear the responsibility of making individualized determinations as to whether privacy and publicity rights are implicated by the nature of the materials and how they use such materials.

Social Security Numbers
Holdings may contain Social Security numbers. The reader agrees not to record, reproduce, or disclose any Social Security numbers that may be included in requested materials. Failure to comply with this agreement may result in the loss of research privileges at Yale University.

Reproduction
The copyright law of the United States (Title 17, United States Code) governs the making of photocopies and other reproductions of copyrighted material. Libraries and archives are authorized to furnish a photocopy or reproduction for private study, scholarship, or research. Researchers making use of copies in excess of “fair use” may be liable for copyright infringement. Researchers are solely responsible for determining the copyright status of any materials they may wish to use.

Some collection material from Manuscripts and Archives is available digitally through Yale University Library websites. Copying or downloading this material may be prohibited or require permission from the copyright holder. Information on copying restrictions can be found in the finding aid to the collection. The researcher is responsible for reviewing this information and acting in accordance with the wishes of the copyright holder.

We reserve the right to request the return of copies and prohibit the making of duplicate copies from those we furnish.

For those patrons visiting Manuscript and Archives in person

Security
For protection of the materials, security devices, such as CCTV, still cameras, and alarms, are in use in Manuscripts and Archives. Members of Yale University Library Security and Yale University Police routinely patrol all areas of the Library. You may be asked to provide identification at any time. When readers have completed their use of materials, staff will check in materials used. Privileges may be revoked if policies and procedures are not adhered to.

Should you have any questions regarding Manuscript and Archives security or use policies, please contact a staff member.

Reading Room Procedures for Patrons
These procedures are intended to provide equitable access to the department’s holdings in a manner that ensures their preservation. While working in the Cowles Reading Room, please adhere to directions given by the reading room staff and observe the following:


1. Only registered researchers may have access to collection material. Registered readers will wear a daily pass and will identify themselves to the staff member in the reading room before beginning any research.

2. Readers are required to leave all personal property in lockers provided for that purpose. Oversize items, which cannot fit in the lockers, must be left with the public services assistant in the reading room.

3. With permission of the reading room staff, readers may bring materials for reference into the reading room.

4. Pens, indelible pencils, and note pads or other personal papers are not permitted in the reading room. The department provides the reader with 8 1/2" x 11" loose paper and pencils for note taking. We also permit the use of loose note cards up to 5" x 8", laptops, cameras, and tape recorders for note taking. Any carrying cases must be left in the lockers.

5. Readers may browse the bookcases on the first floor, but we limit access to the mezzanine to the staff of Manuscripts and Archives. Aside from the materials located on the first floor of the reading room, all materials must be paged for researchers by the department staff.

6. Readers will submit a call slip for all materials, including those they remove from the shelves on the first floor.

7. Readers may select any open seat in the reading room, but at the discretion of the staff, some materials must be used at the reading table closest to the reading room counter.

8. Readers may have one box or volume at their reading table at a time and no more than ten boxes or volumes in the reading room.

9. Because materials are unique and can be fragile, readers must handle them with great care. They may remove only one folder from a box at a time and they must maintain the original order of the folders in the box and materials in the folder. Please consult a staff if materials appear to be misfiled or if you have questions about the proper handling of materials. Materials may not be removed from folders for any reason. No marks may be added or erased, and no tracing or rubbing is permitted.

10. Readers should rewind any microfilm or audio or videotapes used before returning them to their cases.

11. When readers are finished with items, they should circle Return on the call slip. If a reader plans to return to continue using the material, s/he may ask that the item be held for a limited period of time by noting that on the slip.

12. As a courtesy to other readers, please refrain from loud conversations or transcribing and turn the ring off cell phones. Readers must leave the reading room to make or receive telephone calls.

13. Readers needing reproductions of finding aids or items in the collections should speak with the public services assistant in the reading room. We reserve the right to refuse to reproduce an item when such reproduction might cause injury to it or when donor or copyright holder restrictions apply.

14. Readers leaving the reading room must show the reading room assistant any personal belongings they are taking with them. We reserve the right to search any notes or belongings.

15. Researchers must remove all personal belongings from the department at the end of day and return the daily pass to the staff member in the reference center.



1Library of Congress website: http://www.loc.gov/homepage/legal.html