Copyright and Citation

Most of the advertisements used in the Ad*Access Project were published after 1923. Therefore, the majority of advertisements are not in the public domain. All the ads may be viewed and printed out by anyone for research, teaching, private study, or general interest. For any other uses see below for permission requirements.

Copyright Information

Research, Teaching, Private Study, General Interest User Information:

The advertisements on this website have been made available for use in research, teaching, and private study. For these purposes under Fair Use (see below) , you may reproduce (print, make photocopies, or download) materials from this web site without prior permission, on the condition that you provide proper attribution of the source in all copies. Although we don't require you to contact us in advance for these purposes, we do appreciate hearing from teachers, students, and researchers who are using our resources in interesting ways (send e-mail to the Hartman Center at hartman-center@duke.edu).

Commercial, Broadcast, Mirroring, etc. User Information:

For other uses of materials from this web site - i.e. commercial products, publication, broadcast, mirroring, and anything else that doesn't fall under "fair use" (explained below) - we require that:

  1. Users must obtain permission from the current copyright holder.
    Individuals wishing to publish or broadcast any advertisement included on this website must assume all responsibility for identifying and satisfying any claimants of copyright, trademarks, or service marks. Included on this website is a partial list of companies for which we have contact information. This is not a complete list of all companies represented in Ad*Access but it will assist in making contact with some of the rights owners.
  2. Users must also obtain permission from the John W. Hartman Center for Sales, Advertising & Marketing History to reproduce materials held in its archive that are featured on this website.
    A letter granting permission from the current copyright holder must be submitted along with the request to the Hartman Center.

Contact the company that owns the product(s) contained in the advertisements you would like to use. (A partial list of company contacts is below.) You must provide written permission from these companies before the Hartman Center can provide permission to use an advertisement for a purpose which does not fall under "fair use." Please read on for more information.

The Hartman Center charges fees to cover the cost of reproduction of items in its collections. Requests that require extensive research or preparation by Center staff may require an hourly charge, negotiated in advance. In addition, requests to publish, broadcast, or otherwise disseminate ads may be subject to a commercial use fee. Please contact the Hartman Center Reference Archivist for more information and a fee schedule.

The Fine Print

The John W. Hartman Center for Sales, Advertising & Marketing History can provide high quality reproductions of items from Ad*Access, with permission in advance from the copyright holder(s). We will make such copies for commercial uses, publication, broadcast, etc. uses only with prior permission.

Users may make a single copy in print or digital form of images or other material from the Ad*Access site. These copies may be used only for use in the research, teaching, or private study. They may not be made for or donated to other repositories. They may not be further reproduced without permission.

The recipient agrees to give proper acknowledgement to the Duke University David M. Rubenstein Rare Book & Manuscript Library, and further agrees to secure written permission in advance from the rights owner to publish or broadcast any item, in whole or in part, from the Ad*Access on-line collection. Persons wishing to broadcast or publish this material must assume all responsibility for identifying and satisfying any claimants of copyright, trademark or service marks. These print advertisements fall under the "work-for-hire" stipulations of copyright law; the company that owns the product or product name, not the advertising agency which created the advertisement, holds copyright.

The recipient agrees to indemnify and hold harmless Duke University, its officers, employees and agents from and against all suits, claims, actions and expenses arising out of the use of reproductions provided by the David M. Rubenstein Rare Book & Manuscript Library. Duke University claims no rights to the advertising images included in Ad*Access beyond ownership of the physical items.

United States Copyright Law

The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. As of April 1999, the law was amended from its 1976 status with the inclusion of the Digital Millennium Copyright Law and the Sonny Bono Term Extension Act.

Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction to researchers. 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," that user may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying or reproduction order if, inits judgement, fulfillment of the order would involve violation of the copyright law.

Fair Use

According to the copyright law: "In determining whether the use made of a work in any particular case is a fair use the factors to be considered include-

  • the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;
  • The nature of the copyrighted work;
  • The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  • The effect of the use upon the potential market for or value of the copyrighted work. The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors."

For more information on fair use, see the Indiana University-Purdue University Indianapolis (IUPUI) web page on Fair Use.

For information about copyright law and how it applies to information found on the Internet, see the IUPUI Copyright Management Center page and the Copyright Considerations Page from UCSD. The United States Copyright Office of the Library of Congress and Stanford University's page on Copyright and Fair Use provide links to a wide variety of web sites addressing these issues.

How to obtain permission to reproduce materials from the Ad*Access Project

The Duke University David M. Rubenstein Rare Book & Manuscript Library does not hold copyright to the advertisements in the Ad*Access on-line project. If you would like to reproduce any of the advertisements in a way that does not fall under fair use, please follow the steps noted below:

  1. Obtain permission from the current copyright holder.
    Individuals wishing to publish or broadcast any advertisement included on this website must assume all responsibility for identifying and satisfying any claimants of copyright, trademarks, or service marks. Included on this website is a partial list of companies for which we have contact information. This is not a complete list of all companies represented in Ad*Access.
  2. Obtain permission also from the John W. Hartman Center for Sales, Advertising & Marketing History to reproduce materials held in its archive and featured on this website.
    A letter granting permission from the current copyright holder must be submitted along with the request to the Hartman Center.

Contact the company that owns the product(s) contained in the advertisements you would like to use. You must provide written permission from these companies before the Hartman Center can provide permission to use an advertisement for a purpose which does not fall under "fair use." Please read on for more information.

The Hartman Center charges fees to cover the cost of reproduction of items in its collections. Requests that require extensive research or preparation by Center staff may require an hourly charge, negotiated in advance. In addition, requests to publish, broadcast, or otherwise disseminate ads may be subject to a commercial use fee. Please contact the Hartman Center Reference Archivist for more information and a fee schedule.

Attached is a list of companies and addresses for making contact. This is NOT a complete list. When a company is not included below, this does not mean that copyright, trademark, and service mark claims are not viable. It only reflects our staff's lack of success in attempts to make contact with an individual or company holding copyright for the product and/or company in the advertisement.

Individuals wishing to publish or broadcast an advertisement from a company not listed below must assume all responsibility for identifying and satisfying any claimants of copyright, trademarks or service marks.

Company List

How to cite materials from the Ad*Access Project

When using advertisements from the Ad*Access Project, please acknowledge their source by clearly stating the name of the project, the advertisement number, the collection name, and the name of the library. Also include the URL of the project page. An example is noted below:

Ad*Access On-Line Project - Ad #R0108
John W. Hartman Center for Sales, Advertising & Marketing History
Duke University David M. Rubenstein Rare Book & Manuscript Library
http://library.duke.edu/digitalcollections/adaccess/

Certain advertisements have additional copyright citation information required by the copyright holder. This information is included on the individual advertisment pages directly under the image. In some cases, supplemental citation information is included in the "Copyright Notice" section at the bottom of the advertisement pages. The user is responsible for including this information in all citations for those advertisements.

Use and Reproduction Information for other collections in the David M. Rubenstein Rare Book & Manuscript Library

For information on use and reproduction of other collections held in the David M. Rubenstein Rare Book & Manuscript Library please see the Use and Reproduction page.

Further Questions?

Further questions on copyright or Ad*Access may be answered on the Frequently Asked Questions page or by the John W. Hartman Center Research Staff.

From Our Blog


blog comments powered by Disqus