Conditions of Use:
- All
requests to reproduce the repository's holdings, which may include
photographs, film, video, manuscripts, maps and other documents, must
be submitted on this application. By signing this application, the
applicant agrees to abide by all terms, conditions and provisions of
this agreement.
Permission for reproduction is granted only when this application is countersigned by an authorized
representative of the repository. Permission for reproduction is limited to the applicant and is non-transferable.
Permission
for reproduction is granted only for the expressed purpose described in
this application. This permission is non-exclusive; the repository
reserves the right to reproduce the image and allow others to reproduce
the image.
Any
subsequent use (including subsequent editions, paperback editions,
additional language editions, et cetera) constitutes reuse and must be
applied for in writing to the repository. Any change in use from that
stated on the application (e.g., increased size of edition, change in
market) requires permission from the repository. In the event that the
applicant engages in unauthorized reproduction of photographs or other
materials, the applicant agrees to pay the repository a sum equal to
three times the normal commercial fee, not as a penalty but as
liquidated damages agreed upon due to the difficulty in assessing
actual damages incurred; the repository may in the event of
unauthorized reproduction require surrender of all materials containing
such unauthorized reproductions, and the applicant agrees that such
materials shall be immediately surrendered upon receipt of request from
the repository.
The
repository reserves the right to refuse reproduction of its holdings if
it feels fulfillment of that order would be violating copyright law or
other law. The repository reserves the right to refuse reproduction of
its holdings and to impose such conditions as it may deem advisable in
its sole and absolute discretion in the best interests of the
repository.
- Beyond
the permission of the repository, additional permissions may be
required. Those permissions may include, but are not limited to:
Copyright: In cases of living artists or and/or subject to the 1976 Copyright
Law or the 1991 Visual Artists Rights Act, written permission must be secured by the applicant from the artist,
his/her agent, or the copyright owner and provided to the repository before a photograph of an artwork will be released.
Warning Concerning Copyright Restrictions:
The copyright law of the United States
(title 17, USC)
governs the making of photocopies or other reproductions of copyrighted
material. Under certain conditions specified in the law, archives and
libraries are authorized to furnish a photocopy or reproduction. One of
these specified conditions is that the photocopy or reproduction is not
to be "used for any purpose other than private study, scholarship or
research." If a user makes a request for, or later uses, a photocopy or
reproduction for purposes in excess of "fair use," that user may be
liable for copyright infringement. This institution reserves the right
to refuse a copying order if in its judgement, fulfillment of the order
would involve violation of copyright law.
- Privacy: An individual depicted in a reproduction has privacy rights as outlined in Title
45 CFR § 46 (Protection of Human Subjects).
The repository reserves the right to require a release from individuals
whose privacy may be violated by the production of this image.
The repository extends the rights of privacy to include ceremonial objects and rites of Native Americans
and requires the permission of the tribe's cultural office before releasing reproductions.
Owner of original: In instances where the repository holds only a reproduction, the written permission of the owner
of the original is required.
It
is the responsibility of the applicant to obtain permission to publish
from the owner of copyright (the institution, the creator of the
record, the author, or his/her transferees, heirs, legatees, or
literary executors). The repository will aid the applicant in
contacting individuals pertaining by providing addresses, when
available. However, the repository does not warranty the accuracy of
that information, and shall not be responsible for any inaccurate
information.
In
instances where the individual or organization who may grant permission
cannot be contacted, the repository may consider granting permission
for reproduction based on the applicant's evidence of a good faith
effort to contact the appropriate individual. However, the repository
assumes no responsibility for infraction of copyright laws, invasion of
privacy, or any other improper or illegal use that may arise from
reproduction of any image.
In
all instances, the applicant agrees to hold the repository and its
agents harmless against any and all claims arising or resulting from
the use of the material and shall indemnify the repository and its
agents for any and all costs and damages arising or resulting from any
such unauthorized use.
- All
reproductions must include the name of the repository in a caption or
credit. The repository may also require that the artist/creator, the
title of the work, and the object's catalog number appear in the
caption or credit as well.
Credits
should appear in close proximity to the image or in a special section
devoted to credits. However, reproductions distributed electronically
must contain the credit or caption as part of the image displayed in
letters which are at least 3/8" high and in a legible typeface. When
permission is granted to disseminate reproductions electronically, the
repository reserves the right to require an electronic watermark or
other identifying code within the scanned file.
The
payment of a commercial use fee does not exempt the user from the
credit line requirement. Failure to include a credit line or electronic
water mark, or inaccurate captions or credits shall require the
applicant to pay the sum of One Hundred Dollars ($100) per image, as
liquidated damages and not as a penalty in view of the difficulty of
assessing actual damages for this breach.
CREDIT LINE MUST READ:
For items with an "NAU" prefix in the call number (e.g., NAU.PH): Northern Arizona University, Cline Library [collection name]
For items with an "AHS" prefix in the call number (e.g., AHS.PH): Arizona Historical Society, Flagstaff [collection name]
For items with an "HCPO" prefix in the call number (e.g., HCPO.PH): The Hopi Tribe [collection name]
- Copy
photographs or other imagery or sound supplied by the repository may
not be copied, scanned, exhibited, resold, or used for any other
purpose than that specified in this application. Copies shall not be
deposited in another library, archive, or repository.
- Unless
approved in advance by the repository, each image MUST be reproduced
unaltered and in its entirety; the image must not be cropped,
overprinted, printed on color stock, or bleed off the page.
The
repository reserves the right to examine proofs and captions for
accuracy and sensitivity before publication with the right to revise if
necessary. The repository reserves the right to refuse any request and
to impose such conditions as it may deem advisable in the best
interests of the repository.
The
applicant covenants, represents, and warrants of the Product will not
contain any feature which would permit users to distort or mutilate the
image, nor will the Product be intentionally designed or prepared so as
to be compatible with any computer program which is designed to
manipulate graphic images.
- The
permission granted hereunder does not include the right to use the
material in any printed or electronic materials accompanying the
Product, or in any advertisement for the Product other than as
expressly permitted below:
Solely
in connection with the marketing and distribution of the Product,
applicant may use the image on the packaging of the Product and in any
advertisement, product catalogs, or publicity or promotional materials
(a "Promotional Use"), provided that if the image is so used, the NAU
Cline Library shall be given a credit in the same page as the image
appears. Applicant agrees that any Promotional Use will be made solely
in a manner which indicates that the image is part of the content of
the Product, and the Library's name will not be used as aesthetic or
design elements in such Promotion Use. Without limiting the generality
of the foregoing, applicant shall not use the image or Library's name
in any manner which creates any association between the image and/or
the Library and applicant to such an extent that any goodwill towards
the Product or applicant arises in the image and/or Library's name, and
applicant agrees that it will not have right, under any circumstances
whatsoever, to claim, and will not claim, that such goodwill has arisen
or the applicant is entitled to the benefits, if any, thereof.
Note: Electronic applications include but are not limited to: WWW pages, CD-ROM, scanning, etc. These
applications require separate permission from the repository.
- Prepayment
of all fees, including use fees, is required before permission is
granted. Default in payment shall immediately revoke permission. If the
size of edition or number of editions exceeds the terms specified in
this application, the applicant shall immediately pay the difference in
use fees. If payment is not received within thirty (30) days, the
applicant agrees to pay a use fee equal to twice the originally quoted
use fee
- The
applicant agrees to send the repository one copy, best edition, of the
work containing the reproduction at no charge. All expenses for
shipping and handling are to be borne by the applicant.
- Electronic files of still images or text, sound recordings, or moving images remain the property of NAU Cline Library. They may not be copied, modified, or
distributed (except within the confines of the product described
above). NOTE: Modification includes but is not limited to
cropping, filtering, color enhancement, rotation, skew, removal of
content, or addition to content.
- Electronic files must be destroyed upon publication of the product described above project.
- Cancellation for Conflict of Interest: The parties agree that this contract
may be canceled for conflict of interest in accordance with A.R.S. 38-511.
- Contract Claims and Controversies: All contract claims and controversies arising under this contract shall
be resolved pursuant to Arizona Board of Regents procurement
procedures, section 3-809, in particular section 3-809(c).
- Reproduction is permitted only from prints or transparencies supplied by SCA.
- The permission hereby granted terminates immediately upon publication.
- If so requested, a proof must be approved by the Curator of Photography before any reproduction of an image in color.
- Additional conditions or exceptions to the above requirements:
ENDORSEMENTS:
By signing this application, I accept personally and on behalf of any organization I represent the conditions set forth above:
Signed, dated:______________________________________________________
When signed by an authorized agent of the repository, this form constitutes permission for reproduction as outlined in this
application.
Signed, dated:______________________________________________________
(SCA Staff Signature)
