Hi, Allegra. As always it may be easier to chat as I think you're
discussing a few different things in here, and it's not exactly clear to me
what you're being asked to do.

I read this as a patron wants the Library to provide a copy of a
dissertation? Interlibrary loan can do so under 17 USC 108(e) if the other
conditions are met about non-commercial availability, etc.

Otherwise, if ILL does not wish to rely on (or for some reason can't rely
on) 17 USC 108(e), your library could still make a fair use decision about
whether to provide a copy. (Note that we do not, just FYI.)

And if both of the above are a "no," then you indicate to the patron that
you don't know who holds copyright (there are no automatic rules for
anything; the person could have assigned it in a number of ways), and if
you do have contact info for heirs, you could decide to pass that along or
not.

I'm not sure what the emeritus project is you're referring to, but my read
of your e-mail is that you have a patron who wants a copy. And the above
would apply to such a scenario.

Best,
Rachael

On Fri, Feb 4, 2022 at 8:54 AM Swift, Allegra <
[log in to unmask]> wrote:

> Who holds copyright to a dissertation where the author dies if they
> haven’t included copyright in their will?
> https://copyrightalliance.org/what-happens-to-your-copyrights-after-you-die/
> . Do heirs automatically receive copyright if not, who would you approach
> for access? What are al y’all doing with the emeriti project – I realize
> most of the copyright in this case would be held by the publisher…
>
>
>
> A patron, not UC but a family member, found the UCSD dissertation online
> having been scanned as part of the Google Books project but only the record
> is accessible, not the pdf.
>
> A few things I’ll ask, very few details in the initial query:
>
>    1. What is the date of the dissertation?
>    2. When did the author die (if they did die)?
>    3. What else? (that’s for you all)
>
>
>
> Thanks!
>
> Allegra
>
>
>
> *Allegra Swift | Scholarly Communications Librarian  *
>
> UC San Diego Library | [log in to unmask]
>
> *https://orcid.org/0000-0003-2160-6960
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>
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>
>
>
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>
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>
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>


-- 
Rachael G. Samberg, J.D., MLIS
Scholarly Communication Officer & Program Director
Office of Scholarly Communication Services
University of California, Berkeley
Doe Library, 189 Annex
Berkeley, CA  94720-6000
Pronouns: she/her

*Guidance*: lib.berkeley.edu/scholarly-communication
*Updates*: @UCB_ScholComm