Special Collections Department
McDermott Library
(See
CONDITIONS OF USE on Following Pages.)
Conditions of
Use
1. All requests to reproduce photographs from the
History of Aviation Collection, Special Collections Department, McDermott
Library, The University of Texas at
Permission
for reproduction is granted only when this application is countersigned by a
representative of this Institution. Permission for reproduction is limited to
the applicant and is nontransferable.
Permission
for reproduction is granted only for the expressed purpose described in this
application. This permission is nonexclusive; this Institution reserves the
right to reproduce the image or images and to allow others to reproduce the
image or images.
Any
subsequent use (including subsequent editions, paperback editions, foreign
language editions, etc.) constitutes reuse and must be applied for in writing
to this Institution. Any change in use
from that stated on the application (e.g., increased size of edition, change in
market) requires permission of this Institution. 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 this Institution 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.
This
Institution 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. This Institution 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 this Institution.
2. In addition to the permission of this
Institution, additional permissions may be required. Those permissions may
include, but are not limited to:
Copyright:
In cases of works 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 this Institution
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"). This
Institution reserves the right to require a release from individuals whose
privacy may be violated by the publication of this image.
This
Institution extends the rights of privacy to include ceremonial objects and
rites of cultural groups and requires the permission of that group before
releasing reproductions
Owner of Original:
In instances where this Institution 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). This Institution will aid
the applicant in contacting individuals pertaining to permissions by providing
addresses, when available. However, this Institution 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, this Institution 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, this Institution 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 this Institution and its agents
harmless against any and all claims arising or resulting from the use of this
image and shall indemnify this Institution and its agents for any and all costs
and damages arising or resulting from any such unauthorized use.
3. All reproductions must include the name of this
Institution in a caption or credit, and reproductions distributed
electronically must contain the credit or caption as part of the image. When
permission is granted to disseminate reproductions electronically, this
Institution reserves the right to require an electronic watermark or other
identifying code within the scanned file.
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.
4. Applicants may be granted permission to retain reproductions or other imagery supplied by this Institution for personal or educational use. If such permission is granted (see Section 6 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 this Institution.
5. Unless approved in advance by this
Institution, 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.
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´480 pixels).
6. Additional conditions or exceptions to the
above requirements: Publication fees do
not apply to non-profit organizations or for educational purposes. However, the terms of use in this agreement
still apply.
7. This institution further requires that a
copy of the published work be provided without charge to the
History Of Aviation Collection.
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 History of
Aviation Collection, Special Collections Department, McDermott Library, The
University of Texas at
Signed _______________________________ Dated
____________________