Copyright on Photography

Penobscot Marine Museum owns the copyright for a small number of images in its photography collections. In some cases, the Museum has written agreements with copyright holders. In others, copyright has lapsed and the rights are known to be in the public domain. In most cases, however, the status and ownership of copyright are unclear.

Therefore, it is the responsibility of the user of these images to determine whether a copyright issue exists and, if it does, to contact the copyright owner. All responsibility for questions of copyright and invasion of privacy shall be assumed by the image user.

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.

Penobscot Marine Museum reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of the copyright law. The nature of historical archival collections means that copyright or other information about restrictions may be difficult to determine. Whenever possible, the Penobscot Marine Museum provides information about copyright owners and other restrictions in the catalog records, finding aids, and donor records. The Museum provides such information as a service to aid patrons in determining the appropriate use of an item, but the legal determination ultimately rests with the patron.