R.A.R.I.N. ISABELLA STEWART GARDNER SURVEY

REPRODUCTION CONDITIONS AND POLICIES

This section includes:

• Requests
• Fees
• Materials
• Permission
• Re-Use
• Image
• Color Proofs
• Credit Line
• Disclaimer
• Copies of Publication
• Commercial Products
• Other
• Electronic Imaging/CD ROM
  

NOTES

These sections contain different types and versions of conditions and policies grouped by type, in the general order in which they typically appeared in a Conditions and Policies statement.

Contradictory statements have been included for comparison purposes and to allow for differences in individual institution policy.

Certain condition statements appeared on almost every response. Typical versions of these are indicated in the relevant group.

REQUESTS

• Request for reproductions must be made in writing
• Please allow ______weeks for delivery (allows for rush fees)
• Fed Ex number required for rush shipment
• Publisher must be the initiator of a request for reproduction
• Request will only be considered with publisher or publisher's agent signature
• Filmstrip requests must provide examples of previous work
• Advertising request must include layout sketch, full description of proposed use, details of distribution, circulation, etc.
  

FEES

• Prepayment is required, if a waiver of this condition is desired, the Museum will impose an additional charge of _______
• Foreign applicants must pay all invoiced charges with funds drawn on a US bank in US dollars and with no deduction of bank fees.
• Non-refundable fees for black and white photo sales
• Transparency rental fee must be paid, whether or not the transparency is used for reproduction
• Failure to pay means permission has not been granted
• Fees based solely on specific application, not on previous applications - waiver of fees considered for non-profit institutions/applicants
• Only reproduction fees may be waived on scholarly and non-profit requests
  

MATERIALS

• Reproductions from museum-supplied images only, except with permission
• Reproduction from color slides is prohibited
• Extension of transparency rental period must be made in writing
• Transparency kept beyond the stated rental period will be considered lost and applicant will be charged for replacement
• If a transparency is damaged in use by applicant, applicant will pay full replacement cost of the transparency
• Color slides, monochrome negatives, prints, transparencies may not be made by outside companies (or photographs for commercial purposes) without Museum's written consent
• Duplicates may not be made of photographic materials supplied by the Museum. Any duplicates become the property of the Museum.
• Museum does not supply transparencies to photograph-rental and/or sales services
• Museum will not supply photographic materials for any reproduction that appears susceptible to unauthorized use or reproduction
  

PERMISSION

• Written permission must be obtained before reproduction
• Permission (if applicable) is granted for only one usage in one publication, one edition, and in one language. Additional language editions and subsequent editions will be considered upon application [this is the typical statement]
• Fees and permission apply to one-time use
• No exclusive production rights
• Permission terminates upon publication
• Special permission needed for non-editorial use
• Permission may not be reused, transferred, assigned, sold, or otherwise disposed of without written permission of Museum
• Images cannot be used as endorsements for commercial products
• Reproduction may not be identified as "limited edition" or otherwise purported to have intrinsic value other than as a reproduction
• Museum reserves the right to limit the number of reproductions of works in its collection in any single publication
• Any reproduction that varies from original photographic material will be considered a violation of the reproduction contract
• Permission valid for 2 years. If publication has not appeared at the end of that time, permission automatically revoked and must be requested again.
• Reproduction may not be used separately from initial page/cover for any reason; entire image may not be used for promotional purposes without further permission
  

RE-USE

• Applicants who wish to reprint from old proofs must prove that the original photography came from the Museum
• Subsequent reprints require new application
• Subsequent editions require new application
• Right to refuse permission for reprints/editions because applicant has not maintained acceptable standards of reproduction/for any reason
• Incorrect, incomplete credit lines must be corrected in future editions
  

IMAGE

• If cropped, credit line must read "detail"
• No superimposition
• No printing on color stock
• Reproduction must be flat (two-dimensional)
• "Detail" reproduction request must be made in advance, with proof
• No black and white reproductions may be made from color transparencies
• Reproductions must be smaller than the original work of art
• A minimum size requirement may be imposed on reproduction requests (work must be larger than 2x2", for instance)
• If severely cropped details are shown, work should be reproduced in its entirety elsewhere
• Each object must be reproduced unaltered and in its entirety on all or part of a single page unless approved in advance by the Museum. The reproduction must be full-tone black and white or full color and may not be cropped, bled off the page, printed on color stock or with colored ink, nor have anything superimposed on the image. When a detail is used, the word DETAIL must appear in the caption with the complete credit line. [this is the typical statement]
  

COLOR PROOFS

• Color reproductions require approval of a color proof, which must be accompanied by the original transparency
• New rental required if proper color correction cannot be obtained from an old color proof
• If color proof is still not acceptable after correction, Museum reserves the right to withhold or revoke permission
  

CREDIT LINE

• Credit line must appear as designated by Museum
• For reproductions in television or film, credit line must appear in program credit or in accompanying manual
• References to Museum outside of copyright/credit line prohibited except with permission
• Incorrect, incomplete credit lines must be corrected in future editions
  

DISCLAIMER

• Museum assumes no responsibility or liability for applicant against claims from artist, agent or anyone else because of a reproduction
• Applicant agrees to indemnify Museum against claims (including copyright royalties) costs because of applicant's reproduction
• Responsibility for researching outside copyrights falls to applicant
• If a third party copyright exists, permission must accompany request
• The Museum makes no warranties or representations and assumes no responsibility whatsoever for any claims against applicant or the Museum by the artists, their agents, estates, or by any parties in connection with the reproduction of works of art in the collections of the Museum. The applicant agrees to indemnify the Museum and hold it harmless against any and all such claims, including copyright infringement claims, royalty or fee demands and/or actions, including the costs thereof arising as a result of the applicant's reproduction of the works of art in the Museum. Copyright owners or reproduction rights may be retained by the artist for works of art created after January 1, 1978. Any and all royalty payments or other requirements specified by the copyright owner of such a work must be paid or honored by the publisher or agent requesting reproduction permission. [this is the typical statement]
  

COPIES OF PUBLICATION

• One/two copies of publication forwarded to Museum upon publication
  

COMMERCIAL PRODUCTS

• Allowances for commercial ventures (product exchanged for fees)
• Museum may order, at time of printing, any overrun it may desire, at cost
• Museum will negotiate royalties on commercial use orders of 5 or more images.
• Institutions must be notified of first screenings, broadcast or releases of film or other electronic media reproductions
  

OTHER

• A breach of Museum conditions by applicant will result in revocation of permission. Museum reserves the right to seek remedies and/or damages
• Any special conditions listed on the contract supersede any of the terms and conditions stated above.
  

ELECTRONIC/CD-ROM

• These terms of agreement do not include reproduction in any digital format such as CD-ROM discs or on-line databases
• Permission will only be approved for electronic publication in a format, such as CD-ROM, that is sufficiently secure to prevent unauthorized downloading, transferring, copying, and manipulation of content with specialized technologies utilized specifically for digital image protection. The resource file must be hidden from view so that the file names and icons do not appear in windows or on the desktop Permission will not be authorized for floppy discs or other formats that do not meet either criteria stated above.
• Permission will be granted for only one interior usage, in one electronic format, and in one language edition copyrighted and published under the imprint of one publisher. Supplemental editions being published and copyrighted by other publishers, either in the same or in different languages, or in an electronic format different from the format originally authorized, and subsequent revised new editions will be considered upon application.
• The reproduction must be full-tone black-and-white or full color. The reproduction cannot be manipulated in any way that distorts either the color of the transparency, or black and white of the photograph provided by the Museum. Reproductions in the electronic document may be a maximum image size of 72 Dots Per Inch (DPI). A color reproduction must be displayed in a minimum of 8-bit color, and a maximum of 16-bit color.
• Each copy of the work will contain digital representations of each image that will be of a resolution no bigger than 640 by 480 pixels with at least 24 bits of color or 8 bits of gray-scale information per pixel. NO image may be in any way distorted, whether by rotation, inversion, change of proportion, color alteration, superimposition, animation, cartooning, removal of blemishes, or inscriptions, or other method. The image will not be cropped in any dimension or otherwise altered without the Museum's permission. Permission is not required for minor color correction or the removal of technical defects, if both the original digitized image and corrected image are delivered to museum promptly upon scanning and correction. Use of selected adjustments, activated by CD-ROM program commands, are permitted providing they do not affect the image as described above.
• The reproductions in the electronic document may be a maximum image size of 72 Dots Per Inch (DPI) and displayed in 8-bit color.
• Each reproduction must be shown in the electronic document in its entirety, within a framed border, so that the image is not cropped by the edges of the monitor viewing screen. Nothing may be superimposed on the reproduction (i.e. lettering or another image)
• Full credit line as designated by the Museum must appear exactly as specified by the Museum, without editing, omissions, or use of acronyms, and placed in the space surrounding the reproduction of the work of art on the same monitor screen.
• The reproduction may not be used separately from the electronic publication for any purpose; brief excerpts therefrom for use in promotional trailer programs will be considered upon application.
• The publisher must provide the Museum with one/two copies of the electronic publication in which the reproduction appears
• For electronic media only: Permission is granted for the right to use the image(s) in connection and production and distribution of the series in domestic and foreign markets. This is to include domestic and foreign home video systems including video- cassette, laser disc, and any analogous home viewing medium. Permission is granted for the life of the copyright of the series.
• The CD-ROM will be designed so that the image(s) are not accessible by the user except through program interface. Specifically, licensee will insure that it will not be possible to print any image(s) or to copy any digital image file for further distribution by any electronic method.
• On-line or network access or distribution of the image(s), or the CD-ROM, or any part thereof, is expressly prohibited for any purposes.
• The Museum requires that all of the resource file be made " invisible" so that they are hidden from view, specifically that the file names and icons will not appear in windows or on the desktop.
• Electronic media: Permission is granted for the right to use the image(s) as listed below, in connection and production and distribution of the series, as listed below, in domestic and foreign markets. This is to include domestic and foreign home video systems including video-cassette, laser disc and and analogous home viewing medium. Permission is granted for the life of the copyright of the series, as listed below.

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