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Photographic Policies

Conditions of Use
All requests to reproduce photographs from The New Jersey Historical Society’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 New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society. Any change in use from that stated on the application (e.g., increased size of edition, change in market) requires permission of The New Jersey Historical Society. 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 New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society. The New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society. The New Jersey Historical Society 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 New Jersey Historical Society, 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 New Jersey Historical Society 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 New Jersey Historical Society reserves the right to require a release from individuals whose privacy may be violated by the publication of this image. The New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society will aid the applicant in contacting individuals pertaining by providing addresses, when available. However, The New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society and its agents harmless against any and all claims arising or resulting from the use of this image and shall indemnify The New Jersey Historical Society 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 New Jersey Historical Society in a caption or credit. The New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society remain the property of The New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society 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 New Jersey Historical Society. Unless approved in advance by The New Jersey Historical Society, 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 New Jersey Historical Society reserves the right to examine proofs and captions for accuracy and sensitivity prior to publication with the right to revise if necessary. The New Jersey Historical Society reserves the right to refuse any request and to impose such conditions as it may deem advisable in the best interests of The New Jersey Historical Society. 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 New Jersey Historical Society 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 New Jersey Historical Society.

The New Jersey Historical Society
52 Park Place - Newark, NJ 07102
(973) 596-8500 - Fax: (973) 596-6957
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