Collections > Manuscripts > Public Domain and Fair Use

Public Domain and Fair Use

Manuscripts in the “Public Domain”

The term “Public Domain” refers to works which are no longer protected by copyrights, and any use of them is therefore permitted.


Article 38 of the Copyright Act 5768-2007, determines that a work enters the Public Domain 70 years after the death of all its creators. Therefore, the National Library of Israel’s policy is that a work is presumed to be in the Public Domain if it was created over 150 years ago.


In the event that the manuscript you wish to scan was created 151 years ago or more (as of 2017, up to and including 1866 – 5626) it is in the Public Domain and there is no need to receive the National Library’s permission to copy it.

 

“Fair Use”

The Copyright Act determines that there are purposes which are considered to be Fair Use. Article 19 determines that the use of a small part of a work still protected is permitted for purposes such as: private study, research, criticism, review, quotation, or teaching and examination by an educational institution.


If you wish to copy a small part of a manuscript which is still protected by copyright for one of the purposes permitted by Law, there is no need to receive the National Library’s permission to scan it.