Digitization and copyright

General

These Copyright and Terms of Use, as updated from time to time by the University of Manitoba (“University”) Libraries apply to your use of digitization services. These terms are subject to change without further notice to you. You should carefully read these Terms and can contact digitization@umanitoba.ca with any questions.

Copyright

All reproductions by the University of Manitoba Libraries’ Digitization Centre must fall under exemptions in the Copyright Act of Canada, be of materials that are in the Public Domain (which typically occurs 70 years after the year of the author’s death), or with the explicit written permission of the copyright owner. If you are the copyright owner, you provide permission to the University to digitize your work by making this request.

It is the responsibility of the requestor to ensure that their digitization request falls within the above parameters. Prior to digitization the University reserves the right to request copies of any permissions obtained by the requestor, and to cancel any request that is not solely for research or private study, or any other reason in the University’s discretion, if appropriate permissions are not provided.

Requestors may not publish, post, distribute, or do any other action with the digitized copy which is prohibited by the Copyright Act without the appropriate permission from the copyright owner. Digitization by the University of Manitoba Libraries does not constitute permission to publish or distribute the digitized copy, and it is the responsibility of the requestor to clear all copyright, trademark, privacy, publicity, and any other third-party rights in the material prior to further use of the digitized copy. The University of Manitoba cannot grant permission to reproduce material that it does not hold the copyright in.

Copyright law provides protection to both published and unpublished works, and permission to publish copyright protected works is frequently required by copyright law and under publishing agreements.

The University cannot provide advice to requestors about copyright or any other legal issue, and it is the responsibility of the requestor to seek legal advice if you are uncertain about your rights or obligations respecting your request or use of the digitized copy. Internal University requestors may contact the Copyright Office at um.copyright@umanitoba.ca for assistance.

Fees

The University reserves the right to charge fees for digitization of materials in accordance with a fee schedule of its choosing, subject to change from time to time. You will be advised of any fee that applies to your proposed digitization.

Warranties

By making this request, you warrant that you have the right and ability to enter this agreement and accept these Terms of Use.

Disclaimer of warranties

Having an item digitized by the University is solely at your own risk. You may provide materials you own to the University as part of your digitization request. While the UML Digitization Centre will take the same care with any material you place in its hands as its own property, the UML Digitization Centre will not be responsible for any damage or harm that comes to your material while in its possession. The UML Digitization Centre may provide advice on the quality of digitization suitable for your use, but disclaims any warranty relating to the digitized copy, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Accepting material for digitization does not constitute advice about the legality of a copy of same being made.

Digitization of materials by the University is not a substitute for implementing a long-term preservation program; the University reserves the right to delete copies of digitized materials at any time after providing a copy to you, and in any event will regularly delete copies within 3 months of fulfilling your request.

You understand and acknowledge that your sole and exclusive remedy with respect to any defect in or dissatisfaction with digitization service is to cease using the digitization services.

Indemnification and limitation of liability

The following term applies exclusively to requestors and uses external to the University of Manitoba

You expressly understand and agree that the University of Manitoba will not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages (even if advised of the possibility of such damages) resulting from any matter related to your use of the digitization services or provision of your own materials to the UML Digitization Centre. The University of Manitoba will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

You agree to indemnify and hold harmless the University of Manitoba from and against any and all claims and expenses, including attorneys’ fees, arising out of your digitization request and resulting use of the digitized copy, including but not limited to:

1. Your violation of these Terms of Use
2. Any third party claim of an alleged infringement of any copyright or any other proprietary right arising out the making of the digitized copy
3. Any harm resulting from your use of digitized copy.

General terms

These terms constitute the entire agreement between you and the University of Manitoba relating to use of the digitization services. These Terms and the relationship between you and the University of Manitoba will be governed by the laws of the Province of Manitoba and the Court of King’s Bench.