It is assumed that photographs contained in the
Tundra Times Photograph Project database are not in the public domain. Patrons
need to be aware of the several kinds of rights which might apply: copyright,
donor restrictions, privacy rights, publicity rights, licensing and trademarks.
The Tuzzy Consortium Library
does not own rights to any material in the Tundra Times Photograph collection.
Therefore, it does not charge permission fees for use of such material and
cannot give or deny permission to publish or otherwise distribute material in
its collections. It is the patron's obligation to determine and satisfy
copyright or other use restrictions (such as donor restrictions, privacy rights,
publicity rights, licensing and trademarks) when publishing or otherwise
distributing materials found in the Library's collections.
It is the Tuzzy Consortium Library's
responsibility to inform patrons of any donor restrictions, that is,
restrictions on use stipulated by the donor (Ukpeagvik Inupiat Corporation) when
the collection was deposited in the Library. These agreements between the
Library and the donor about use of the collection are separate from the legal
rights of copyright, publicity, and privacy discussed in this document. This
requirement is not a matter of copyright--it is possible that works in the
collection may be subject to copyrights held by others--but is the result of the
agreement made between the donor and the Library.
Copyright Status of the
Tundra Times Photograph Collection
In 1998 the Ukpeagvik Inupiat
Corporation acquired the Tundra Times Photograph Collection, as well as any
"Associated copyrights, trademarks and service marks, and together with all
copyrights, trademarks, releases of privacy and publicity rights, and any other
similar rights belonging to the TUNDRA TIMES to all the Property, including but
not limited to, any and all articles and photos appearing in the TUNDRA TIMES
newspaper" (Tundra Times Bill of Sale)
Therefore, the Ukpeagvik Inupiat
Corporation owns the copyrights to all photographs in the collection for which
the Tundra Times was the previous owner. This is believed to be a significant
fraction of the collection. However due to the complexity of copyright law and
the incomplete documentation of the collection, it is often difficult to
accurately determine the copyright owner of individual photographs.
It is also known that the
copyrights to a fraction of the collection are owned by persons or entities
other than the Ukpeagvik Inupiat Corporation. In most such cases, the copyright
is held by the photographer.
It is the user's
responsibility to determine the copyright status or obtain required permissions
before publishing or distributing material from the Library's collections.
The nature of historical archival collections means that copyright or other
information about restrictions may be difficult or even impossible to locate.
Clues regarding information relating to rights may be derived from notations on
the images, such as copyright notices and creator and source names, as well as
image dates. When explicit rights information is lacking, patrons must conduct a
"risk analysis" to determine appropriate use of an image. This involves coupling
their knowledge of rights principles (such as duration of copyright, the
definition of "published," and the definition of "fair use") with information
supplied on the image.
For more information and
resources concerning copyright issues patrons are encouraged to contact the
Library of Congress and the United States Copyright Office at
To make arrangements to
copy or reproduce these images, contact the Tuzzy Consortium Library.
The Tuzzy Consortium Library subscribes to the principles of
cultural and intellectual property rights of indigenous peoples as stated by the
participants of the Second International Indigenous Librarians' Forum:
"As indigenous librarians, we state that the
use of intellectual and cultural property in any medium, especially in light of
the global instantaneous impact of the electronic environment, without the
approval of all appropriate indigenous authorities is unacceptable."
If you feel that any of the photographs in the Tundra Times
collection inappropriately portray you, your relatives or your village, please contact us.
Tundra Times Photograph Project
Tuzzy Consortium Library
P.O. Box 749
Barrow, AK 99723