Copyright and Use Policies
It is The TMC Library’s policy to strictly comply with copyright laws. It is a violation of this policy for users to copy, duplicate, install, electronically forward, distribute or use copyrighted works including but not limited to software, images, data, sounds (including music) and multimedia works which infringes on the copyright of another. Improper copying includes but is not limited to electronic copying, downloading or transferring and printing copyrighted works via the Internet. For complete information on the use of resources, please see The TMC Library’s Acceptable Use Policy.
Electronic Resource Use
As part of its educational and research mission, the McGovern Historical Center makes available via digital versions of certain items from the collection. This material is to be used for personal or research use only. Any other use, including but not limited to commercial or scholarly reproductions, redistribution, publication or transmission, whether by electronic means or otherwise, without prior written permission, is prohibited. The McGovern Historical Center will grant or withhold permission on a case by case basis, and a usage fee many be required depending on the type of proposed use. For permission requests, contact the McGovern Historical Center.
Copyright and other rights in the images, underlying encoded text, selection, indexing and display of materials are held by The TMC Library to the extent permitted by law. Users should be aware that materials made available on the Library’s website may be subject to additional restrictions. These restrictions include but are not limited to the rights of copyright, privacy and publicity. Such restrictions may be controlled by parties other than The TMC Library. Users are solely responsible for determining the existence of such rights, obtaining any permission(s), and paying any associated fees required for the proposed use.
The McGovern Historical Center has made reasonable efforts to secure any permission(s) needed in order to make available for personal or research use the materials found on the website. People who discover material that may represent a copyright infringement should report the allegation of copyright infringement by contacting the McGovern Historical Center.
Access Policy for Special Collections Materials
The following describes the access policy for using materials found at the McGovern Historical Center:
- All researchers must provide photographic identification and acknowledge their agreement with the access and use policies of the McGovern Historical Center (MHC).
- The MHC respects all users’ rights to privacy by maintaining the confidentiality of their research and protecting any personal information collected about the users in accordance with library policies. (http://library.tmc.edu/about/policies/)
- The MHC reserves the right to restrict the use of items in poor physical condition, to protect personal privacy, to maintain reasonable administrative confidentiality, or if unprocessed.
- The MHC makes every effort to identify and restrict access to private and confidential information held in the collections under its care. There may be instances in which records containing this type of information are made available to users solely for research purposes. The user agrees not to disclose, make public, or publish in any format confidential information discovered while using the collections of the MHC. Private, or personally identifiable, information is herein defined as information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Confidential information is herein defined as information that an individual has disclosed in a relationship of trust and with the expectation that it will not be divulged to others without permission in ways that are inconsistent with the understanding of the original disclosure.
- Protected health information (PHI) is individually identifiable health information created or transmitted in any form by a covered entity. A covered entity is a health care provider, health care plan, or health care clearinghouse which transmits health information. Any records which MHC staff identifies as containing PHI are subject to the provisions of the HIPAA Privacy Rule. Types of records containing PHI may be created by hospitals, physicians, nurses, or biomedical scientists. They may be casebooks, patient files, patients’ or doctors’ correspondence, or laboratory notebooks. Records containing personally identifiable health information, but not created by covered entities, are not affected by HIPAA Privacy Rule. However, MHC will still restrict these records to protect patient privacy.
- I understand that the materials to which I have requested access may contain confidential information, which is otherwise protected under federal or state law. I agree to make no notes or disclose the confidential material to any other party for any purpose without the express permission of the MHC.
- I acknowledge the obligation to consult with MHC staff when in doubt about the status of potentially confidential information.
- I understand that it is my obligation and responsibility to maintain the confidentiality of any PHI, private, or confidential information that I may encounter.
Photograph Use Conditions
- Digital reproductions made are for personal reference use. Possession of a digital reproduction does not constitute permission to publish it. The term “to publish” includes, but is not limited to: print, film, video, slide presentation, television, computer or other electronic media, Web and exhibit formats.
- To publish a reproduction the “Permission to Publish” form must be completed and signed.
- In requesting to reproduce materials, the requester agrees to indemnify and hold Texas Medical Center Library, McGovern Historical Center and its staff harmless and free from liability for acts of the requester in any action involving infringement of the rights of any person or heirs and descendants under statutory copyright.
- A descriptive record will be provided that includes all known identifying information.
- The McGovern Historical Center reserves the right to refuse to grant permission and/or to provide reproduction services to publishers and individuals who have not complied with these conditions.
Permission to Publish Conditions
- The requestor’s signature indicates agreement with the use conditions and fees assessed, and the authorization of the archivist.
- Credit must be given to the McGovern Historical Center, as appropriate, and to the creator of the item, if known. The Specific credit line will be given on the descriptive information provided with the digital image.
- General attribution statement: “Image(s) by [artist]. Courtesy of the McGovern Historical Center, Texas Medical Center Library, [Collection Name], [Item Location or Identification].”
- Permission to publish is for one-time use only. The McGovern Historical Center retain all intellectual property rights to the items. Reproductions are to be used only for the purpose stated on the permission form. The term “to publish” includes, but is not limited to: print, film, video, slide presentation, television, computer or other electronic transmission, Web and exhibit formats.
- The McGovern Historical Center reserves the right to limit the number of digital copies made; to restrict the use or reproduction of rare or valuable items; to ensure the use of material is reproduced in good taste; to make special fee quotations on items unusually difficult to copy; and to deny a request because of copyright regulations, privacy rights, or donor-imposed restrictions.
- The requester is responsible for securing any necessary permission from the creator of the work or heirs, if known. The creator’s name will be provided, if known. In requesting permission to publish materials from these collections, the requester agrees to indemnify and hold the McGovern Historical Center and its staff harmless and free from liability for acts of the requestor in any action involving infringement of the rights of any person,heirs, or descendants under statutory copyright.
- The worldwide, multiple uses, in perpetuity for a single project fee allows the use of an image for advertisement, presentations, Web and other formats, as long as it relates to the same project. Any future reissuing of the same project are included in this fee and resubmission of the Permission to Publish is not necessary.
- In some cases a courtesy copy of the publication will be requested for the archives.