Nebraska State Historical Society Use Policy

Effective January 29, 2024

Still or moving image reproductions of photographs, documents, published materials, artifacts and other materials from the collections of the Nebraska State Historical Society (NSHS), reproductions of sound recordings from the collections of NSHS, or still images, moving images or audio recordings of spaces or activities at NSHS may be used by individuals and corporate entities in various ways. This policy codifies the conditions under which such uses are allowed.

1. PERMISSION. Permission for use is granted at the discretion of NSHS for a single and one-time use for the life of the project. Reproductions from NSHS collections cannot be sub-leased or sold by the user, nor may the user permit others to reproduce the materials or any facsimiles of them by any means for any purpose. They also may not be transferred, donated or sold to another person or organization. NSHS does not issue permission in perpetuity.
2. USE AGREEMENT. Permission and the specifics of a particular use are documented in an agreement between NSHS and the user, in which the user agrees to the parameters of this policy. NSHS does not sign release forms developed by others.
3. COPYRIGHT. NSHS does not claim exclusive ownership of the rights to and has not determined copyright status for many of the materials in its collections. Therefore, NSHS 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 their heirs. NSHS 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 NSHS 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.
4. USE FEES. NSHS charges use fees to support the preservation and maintenance of its collections. No fees are charged for reference copies, for use by individuals for personal enjoyment or private study, scholarship or research, by teachers or students for class instruction or assignments, Nebraska government agencies (state, local, or tribal), or by Nebraska local news media. Other uses are subject to use fees; see NSHS Use Fee Schedule for details. Use fees must be paid in advance of receiving use permissions and are non-refundable and subject to change without notice.
5. DIRECT PROMOTION. Any still or moving image or sound recording used in a product may also be used in the direct promotion of the work without requiring additional permissions or incurring additional use fees from NSHS, but wider use or use in subsequent editions will require renegotiation.
6. CREDIT LINE. Use of any still or moving image or sound recording from NSHS must be properly credited. The exact content and style of the credit line may conform to that used throughout the rest of the product, but must at least include the words “Nebraska State Historical Society” and the NSHS identification number for the item used. The credit line must also include an explanatory statement regarding any manipulation of the item (see MANIPULATION below).
7. MANIPULATION. NSHS is committed to protection of the historical integrity of the materials in its collections. It will not allow the inversion of the reproduction or the removal or addition of content. NSHS will allow cropping of a still or moving image, selection of a detail within a still or moving image, excerpting of a moving image or sound recording, and adjustments to contrast, sharpness and other enhancements for the sake of clarity. An explanatory statement must be added to the credit line describing any such changes. Any manipulation beyond those already stated must be approved by NSHS and described in the credit line.
8. WEBSITE RESOLUTION. NSHS will not allow a still image of higher than 100 dpi; a moving image with a frame size of more than 320×240 pixels, a frame rate of more than 20 fps and pixel depth of more than 16-bit; or a sound recording with a bit depth of more than 8 bits and a sampling rate of more than 22 kHz to be placed on a web site. Exceptions must be approved by NSHS and will require an additional use fee charge.
9. ENDORSEMENT. Use of reproductions of materials from NSHS collections does not imply that NSHS 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.
10. INDEMNIFICATION. The user will defend, indemnify, save, and hold harmless NSHS, its employees, officers or designees, from any and all costs, expense, 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 NSHS 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.
11. DESTRUCTION OR RETURN OF ELECTRONIC FILES. NSHS requires the user to destroy or return to NSHS any files provided to the user by NSHS upon the completion of the project in which the content of the files is used.
12. NONCOMPLIANCE. NSHS reserves the right to refuse to grant use permission and/or provide reproductions to anyone who has not complied with our policies.
13. CHANGE IN POLICY. NSHS use policies are subject to change without notice. In case of a discrepancy, policies in effect at the time payment is made will apply.