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Copyright and Reproduction/Use Policy

THSSH seeks to promote education and appreciation for the value of historical documents and materials through public use of its collections, including images, manuscripts, maps, ephemera, etc. Access to the archives is provided to all researchers on an equal basis. Reproduction and use of items from our collections is subject to the following general guidelines and to the U.S. Copyright Law, which governs the use of copyrights material. Allowing the use of materials or supplying a “fair use” copy is not an authorization to publish.

Use Policy

Low-resolution images are provided on THSSH’s website for research and education use. Higher resolution images are available on request.

Fees for use normally apply to corporations, partnerships, private businesses, and individuals when images are to be used in books, periodicals, films, video productions, advertising, projection, or for direct sales. This includes the display of images in public areas of commercial buildings, restaurants, galleries, the internet, and retail spaces. Use fees are not charged when images are obtained for purposes of private, personal viewing and research unless research results in publication. The Archivist shall determine the rates and negotiate payments.

Images from THSSH archives may not be published in any form including placement on CD-ROM, video disk, publicly accessible storage and retrieval systems, or the Internet without written permission for use.

Permission must be obtained from THSSH to reproduce any materials from THSSH’s archives, except for reproduction for research, personal or educational use. 

In addition, scanning or digital photography fees will be charged depending on resolution, size, and delivery method. Prints from scans or digital photo files can be provided at extra cost.

Allowing use of materials or supplying a copy is not an authorization to publish. Permission to publish, display, or reproduce must be obtained from the copyright holder.

For further information about permission to use and fees, please contact info@historicalsocietyofsomersethills.org.

Copyright Policy

U.S. Copyright Law applies to all materials in THSSH’s archives. THSSH may decline to provide copies of photographs, if, in the judgment of THSSH, the proposed use would be a violation of copyright law, publicity rights and privacy rights. Allowing use of materials or supplying a copy is not an authorization to publish. Permission to publish, display, or reproduce must be obtained from the copyright holder.

For further information about copyrights, go to: http://www.copyright.gov

Adopted March 2009

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Photographic & Document Policies


Conditions of Use

All requests to reproduce photographs from The Historical Society of the Somerset Hills’s holdings must be submitted on an application. The applicant agrees to abide by all terms, conditions and provisions of this agreement. Permission for reproduction is granted only when a representative of The Historical Society of the Somerset Hills countersigns the application. Permission for reproduction is limited to the applicant and is non-transferable. Permission for reproduction is granted only for the expressed purpose described in the application. This permission is non-exclusive; The Historical Society of the Somerset Hills reserves the right to reproduce the image and to allow others to reproduce the image. Any subsequent use (including subsequent editions, paperback editions, foreign language editions, etc.) constitutes reuse and must be applied for in writing to The Historical Society of the Somerset Hills. Any change in use from that stated on the application (e.g., increased size of edition, change in market) requires permission of The Historical Society of the Somerset Hills. An additional fee may be charged for reuse or change in use.

In the event the applicant engages in unauthorized reproduction of the materials, the applicant agrees to pay The Historical Society of the Somerset Hills a sum equal to three times the normal commercial use fee, not as a penalty but as liquidated damages agreed upon due to the difficulty in assessing actual damages incurred; The Historical Society of the Somerset Hills 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 Historical Society of the Somerset Hills.

The Historical Society of the Somerset Hills reserves the right to refuse reproduction of its holdings if it feels fulfillment of that order would be in violation of copyright law or other law. The Historical Society of the Somerset Hills 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 Historical Society of the Somerset Hills. The Historical Society of the Somerset Hills reserves the right to refuse any order for reproductions that it feels might damage the original. The decision to allow reproduction rests solely with the curator responsible for the material. In addition to the permission of The Historical Society of the Somerset Hills, additional permissions may be required. Those permissions may include, but are not limited to:

Copyright

In cases of works by 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 Historical Society of the Somerset Hills before a photograph of the 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 judgment, 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 Section 46 (“Protection of Human Subjects”). The Historical Society of the Somerset Hills reserves the right to require a release from individuals whose privacy may be violated by the publication of this image. The Historical Society of the Somerset Hills extends the rights of privacy to include ceremonial objects and rites of cultural groups and requires the permission of that group before releasing reproductions. The Historical Society of the Somerset Hills requires the permission of the group if images of that group will be used in a religious context.

Owner of Original

In instances where The Historical Society of the Somerset Hills 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 reproductions from the owner of copyright (the institution, the creator of the record, the author, or his/her transferees, heirs, legatees, or literary executors).

The Historical Society of the Somerset Hills will aid the applicant in contacting individuals pertaining by providing addresses, when available. However, The Historical Society of the Somerset Hills 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 Historical Society of the Somerset Hills may consider granting permission for reproduction based on the applicant's evidence of a good faith effort to obtain contact with the appropriate individual. However,

The Historical Society of the Somerset Hills 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 Historical Society of the Somerset Hills and its agents harmless against any and all claims arising or resulting from the use of this image and shall indemnify The Historical Society of the Somerset Hills and its agents for any and all costs and damages arising or resulting from any such unauthorized use.

Credit

All reproductions must include the name of The Historical Society of the Somerset Hills in a caption or credit. The Historical Society of the Somerset Hills may also require that the artist, 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. When permission is granted to disseminate reproductions electronically, The Historical Society of the Somerset Hills reserves the right to require an electronic watermark or other identifying code within the scanned file. Payment of a commercial use fee does not exempt the user from the credit line requirement. Failure to include a credit line or electronic watermark, or inaccurate captions or credits shall require the applicant to pay $100 per image as liquidated damages and not as a penalty in view of the difficulty of assessing actual damages for this breach. Except as noted below, all reproductions provided by The Historical Society of the Somerset Hills remain the property of The Historical Society of the Somerset Hills and must be returned upon completion of the project.

Any separations, lithos, files containing electronic copies, or other intermediary images used in production of the final product authorized by this agreement shall be returned to The Historical Society of the Somerset Hills upon completion. In addition to the rental fee, a charge equal to the replacement costs will be assessed for any materials not returned within 10 weeks or in damaged condition. Applicants may be granted permission to retain reproductions or other imagery supplied by The Historical Society of the Somerset Hills for personal or educational use. If such permission is granted (see Section 9 of this form), reproductions 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 without the permission of The Historical Society of the Somerset Hills. Unless approved in advance by The Historical Society of the Somerset Hills, 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 Historical Society of the Somerset Hills reserves the right to examine proofs and captions for accuracy and sensitivity prior to publication with the right to revise if necessary.

The Historical Society of the Somerset Hills reserves the right to refuse any request and to impose such conditions as it may deem advisable in the best interests of The Historical Society of the Somerset Hills. 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 days, the applicant agrees to pay a use fee equal to twice the originally quoted use fee. The applicant agrees to send The Historical Society of the Somerset Hills 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. Additional conditions or exceptions to the above requirements:

Electronic Display

If permission is granted to distribute an electronic copy of an image, the distributed copy shall not exceed a display or print resolution of greater than VGA screen resolution (72 dots per inch or 640 x 480 pixels).

Duplication Formats

Photographic prints, digital files, and slides may be created for publication, commercial, educational, and private use. No creation of negatives from Historical Society collection items is permitted. Other requested formats will be addressed on a case-by-case basis and would require the approval of The Historical Society of the Somerset Hills.

 

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