Conditions for Use of Photographic Reproductions from the South Dakota State Historical Society-State Archives
The Requesting Party hereby agrees as follows:
1. The South Dakota State Historical Society (hereafter SDSHS) grants permission for a single and one-time use only for the purpose listed in the SDSHS Image Use Form. Any subsequent or different use constitutes a reuse and must be applied for in writing. Reproductions from the SDSHS’s collections cannot be sold, circulated, or sub-leased, nor may the user permit others to reproduce the materials by any means for any purpose. In authorizing publication, the SDSHS does not surrender its own rights to publish any items or grant permission to others to do so. The SDSHS does not issue permission in perpetuity nor sign release forms produced by others
2. Credit must be given to the SDSHS, in any and all formats with the credit line: South Dakota State Historical Society. Images from the South Dakota Digital Archives have the following credit line: South Dakota State Historical Society, South Dakota Digital Archives (20XX-XX-XX-XXX)
3. The SDSHS charges use fees to support the preservation and maintenance of its collections. No use fees are charged for personal use, private study, scholarship or research, by teachers or students for class instruction or assignments, or for other designations listed in the SDSHS Image Use Form. Other uses are subject to use fees according to the SDSHS Image Use Form. Those using reproductions from the SDSHS’s collections for reasons listed above are still subject to reproduction fees. Use fees are to be paid at the time of purchase and are non-refundable. Not-for-profit Organizations must provide the SDSHS with proof of not-for-profit status.
4. Users must specify when multiple uses of an image are planned (i.e. an image that appears in an exhibit, the exhibit catalog, posters and other promotional materials). Multiple use fees will be established on a case by case basis.
5. The SDSHS does not claim exclusive ownership of the rights to and has not determined copyright status for many of the materials in its collections. Therefore, the SDSHS is acting only as an owner of the physical item, and may or may not have in its possession a written conveyance of copyright from the creator or his/her heirs. The SDSHS is not responsible for either determining the copyright status of the materials or for securing copyright permission. Possession of a reproduction of an item from the SDSHS’s collections does not constitute permission to use it beyond “Fair Use†as defined by the copyright law of the United States, Title 17, United States Code. The user assumes all responsibility for any copyright research, clearance and violation.
6. Users shall furnish the SDSHS with one copy of any tangible produce created in which materials from the SDSHS’s collections are used, at no expense to the SDSHS, for the SDSHS to use for research and educational purposes as they relate to its mission
7. The user will defend, indemnify, save, and hold harmless the SDSHS, its employees, officers or designated, from any and all costs, damage and liability arising because of any claim whatsoever which may be presented by anyone for loss or damage or other relief occasioned or caused by the release of a reproduction of an item from the SDSHS’s collections or their use in any manner, including their inspection, publication, reproduction, broadcast, duplication or printing by anyone for any purpose whatsoever. The user is solely responsible for all issues of invasion of privacy, libel and/or slander that may result from use of these materials.
8. Use of reproductions of materials from the SDSHS’s collections does not imply that the SDSHS endorses any product, enterprise, expressed opinions, or confirms the accuracy of any content in any publication, production, broadcast, website or any other product in which such reproductions are used.
9. The SDSHS reserves the right to refuse to grant use permission and/or provide reproductions to anyone who has not complied with our policies.
10. For website use, the SDSHS requires images to be no greater than 100 dpi resolution. Credit must be given to the SDSHS, similar to any other use.
11. The SDSHS reserves the right to waive use fees, on an individual basis, at the discretion of either the Society Director or program officer. Such waiver of fees can be made only upon approval of written application.
12. This document contains the whole agreement of the parties, and may be modified only by a writing signed by all parties to this agreement.
Warning Concerning Copyright Restrictions
The copyright law of the United States (Title 17, US Code) governs the making of photocopies of other reproductions of copyright material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproductions. 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 use may be liable for copyright infringement. This institution reserves the right to refuse to accept a copying order if, in its judgement, fulfillment of the order would involve violation of the copyright law. The granting of permission to publish by the SDSHS does not absolve users of materials from securing permission from copyright owners and payment of such additional fees as the owners may require if the SDSHS does not own copyright or if the material is not in the public domain. Applicants assume all responsibility for questions of copyright and invasion of privacy that may arise in copying and in the use made of the photographic copy.