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NSHS Rights & Use FAQ
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What is “Fair Use”?
Fair Use is a legal concept in U.S. copyright law that allows limited use of copyrighted materials without obtaining permission from the copyright holder. It applies mainly to uses for:
- Criticism and commentary
- Teaching and education
- Scholarship and research
Whether a specific use qualifies as fair use depends on factors like the purpose of use, the amount of material used, and the effect on the market value of the original work.
Important: NSHS does not determine fair use for you. It’s your responsibility to assess whether your intended use qualifies as fair use under the law. When in doubt, request permission.
When do I need permission from NSHS to use collection materials?
| You may use NSHS images without written permission for: | You must request written permission for: |
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Refer to the full Use Policy for legally binding terms and conditions.
Permission requests and fees help us to protect our collections and ensure proper use.
| 1. Are you using NSHS materials for personal research, study, or teaching? |
Yes: You likely do NOT need permission. See Fair Use guidelines and credit NSHS properly. No: Go to 2. |
| 2. Will you publish, distribute, or display the materials publicly? |
Yes: Go to 3. No: You likely do NOT need permission but credit NSHS if applicable. |
| 3. Is your intended use for educational, nonprofit, or governmental purposes (e.g., classroom handouts, government reports)? |
Yes: You may still need to request permission depending on scope. Contact NSHS to confirm. No: Go to 4. |
| 4. Is your use commercial, marketing, or for-profit (e.g., books, films, websites, merchandise)? |
Yes: You must request permission from NSHS. Use fees may apply. No: Contact NSHS to clarify. When in doubt, request permission. |
| 5. Are you planning to modify the image/audio/video beyond minor adjustments (cropping, contrast)? |
Yes: You must request permission. No: Follow NSHS guidelines for allowed manipulation. |
Summary:
- Personal, educational, fair use? Probably no permission needed.
- Public, commercial, or modified use? Permission required.
- Unsure? Contact NSHS for assistance.
Can I use NSHS materials for free?
Yes! You can freely use NSHS images and materials for:
- Personal research or enjoyment
- Teaching and classroom assignments
- Student projects or academic papers
Downloading low-resolution images from our website for these purposes does not require permission or fees.
How do I credit NSHS materials?
All uses of NSHS materials must include a credit line like this:
Nebraska State Historical Society, [Object ID]
If you modify the image or recording (cropping, enhancing, excerpting), you must also include a brief note describing the changes, per NSHS policy.
What kinds of changes to images are allowed?
NSHS allows:
- Cropping or selecting details
- Adjusting contrast, sharpness, or clarity
- Excerpting segments of audio or video
You may not invert images or add/remove content without approval. Any changes beyond those allowed require permission. All changes must be noted in the credit line.
What if I want to use high-resolution images or video/audio files?
NSHS restricts posting high-resolution images or high-quality audio/video on websites without permission. High-res or high-quality files must be requested and may incur use fees.
Does NSHS own the copyright to the materials?
Usually, NSHS owns the physical items but does not own the copyright. Copyright may belong to the original creator, their heirs, or other rights holders. NSHS is not responsible for determining copyright status or securing copyright permissions—you are.
Can I share or sell reproductions I get from NSHS?
No. NSHS materials provided for use cannot be sublicensed, transferred, donated, sold, or otherwise redistributed by the user.
How do I request permission to use NSHS materials?
Contact us at: reference@hn.libanswers.com
Please include detailed information about the materials you want to use and how you intend to use them.
Why does NSHS charge fees for use?
Use fees help support the preservation, care, and maintenance of the collections. Fees apply to most public or commercial uses, but there are exceptions (e.g., educational uses, Nebraska government agencies).
What if I violate the NSHS Use Policy?
NSHS reserves the right to refuse permissions or reproductions to anyone who does not comply with our policies. Users are responsible for any legal issues arising from misuse, including copyright infringement or privacy violations.
What do “publication,” “distribution,” “commercial use,” and “one-time use” mean?
- Publication: Making materials available to the public in any format—print, online, film, broadcast, or exhibit.
- Distribution: Sharing or disseminating materials beyond personal use, including selling, gifting, or posting online.
- Commercial use: Using materials in a way that directly or indirectly generates profit or promotes a product, service, or organization.
- One-time use: Permission granted for a single project or edition only. Future uses or editions require new permission.
Understanding these terms helps you know when NSHS permission is required.
Why doesn’t NSHS sign external release or permission forms?
NSHS requires users to agree to our own Use Policy and Permission Agreement to maintain consistent legal protections for the collections. Signing external release forms created by others could conflict with NSHS’s policies or place us at legal risk. We provide our own permission documentation to keep terms clear and enforceable.
If you have other questions or need clarification, please contact NSHS reference staff—we’re here to help!
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