Kansas Memory and the Kansas Historical Society respect copyright and other laws governing access to historic records. Materials appear on Kansas Memory only after a risk assessment has determined that dissemination via the Internet will not violate the rights of known copyright holders or state or federal privacy laws.
Materials under copyright protection, and for which the copyright holder is known, are made available on Kansas Memory only after the copyright holder has granted express permission or authorization for Internet publication. Many materials have no apparent copyright concerns, such as state government publications and records, and published and unpublished materials that are in the public domain; access to such materials may still be governed by state and federal privacy laws. Other materials may have unclear or indeterminate provenance for which copyright holders are not known or cannot be located. These materials are made available on Kansas Memory for noncommercial educational and research purposes only under an assertion of fair use (17 U.S.C. 107). The “fair use” provision states:
‘Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies of phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyrights. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work: (3) the amount and substantially of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.’ [Section 107 – Copyright Law 94-553]
Use of material and/or copies made under the ‘fair use’ provision of copyright law does not imply or include permission to publish the materials used or copied. It is the responsibility of the patron to request and obtain permission to publish materials from both the repository (as the owner of the physical original) and the copyright owner, if the repository does not own the copyright. For more information contact the Curator of Photographs, Center for Historical Research, 6425 SW Sixth Avenue, Topeka, KS 66615-1099; Phone: (785) 272-8681 ext. 283; Fax: (785) 272-8682; Email:KSHS.reference@ks.gov