Requesting Photocopies at the State Archives
All photocopies from paper materials are made by staff. If you would like to use a digital camera to make copies, please review our Digital Camera Policy. If staff cannot complete photocopy orders by closing time, copies may be picked up or mailed. Ask staff about options for items too large or fragile to copy on standard photocopiers.
Preservation of Archives Collections
KSHS staff will determine the condition of an item and select the appropriate method of copying it. In some instances, manuscript collections may not be photocopied in their entirety. Staff will review the copy order to determine if the collection is restricted in any manner and will discuss available options with the patron.
Published Materials and Government Records
Government records are generally not copyrighted. Photocopies ordered from other published materials may make the patron liable for copyright infringement. The following definition of 'fair use' is provided for patrons ordering copies:
'Notwithstanding the provisions of section 106, the fair use of a copyrighted work, including such use by reproduction in copies or 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]
Staff will undertake a reasonable investigation to determine whether a copyrighted work is available for purchase at a fair price when patrons order photocopies of over 33% of a work. This determination may take sufficient time which requires a patron to wait or place a mail order for photocopies. In some cases patrons may be required to contact the author or publisher to determine if the book is available at a fair price.
Unpublished, Non-Government Material
Unpublished, non-governmental materials may be under U.S. copyright protection. Staff will inform researchers of known copyrighted material and will refer them to the owner of retained copyrights. It is the responsibility of the patron to gain permission to publish from the copyright holder.
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 owner of the physical original) and the copyright owner, if the repository does not own the copyright.