History Nebraska Use Policy

Effective July 16, 2021

Still or moving image reproductions of photographs, documents, published materials, artifacts and other materials from the collections of History Nebraska, reproductions of sound recordings from the collections of History Nebraska, or still or moving images or audio recordings of spaces or activities at History Nebraska may be used by individuals and corporate entities in various ways. This policy codifies the circumstances under which such uses may be made.

  1. PERMISSION.  Permission for use is granted at History Nebraska’s discretion for a single and one-time use for the life of the project. Reproductions from History Nebraska’s 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.  History Nebraska does not issue permission in perpetuity.
  2. USE AGREEMENT.  Permission and the specifics of a particular use are documented in an agreement between History Nebraska and the user, in which the user agrees to the parameters of this policy.   History Nebraska does not sign release forms developed by others.
  3. COPYRIGHT.  History Nebraska does not claim exclusive ownership of the rights to and has not determined copyright status for many of the materials in its collections. Therefore, History Nebraska 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. History Nebraska 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 History Nebraska’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.
  4. USE FEES.  History Nebraska 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 History Nebraska 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 History Nebraska, 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 History Nebraska 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 “History Nebraska” and the History Nebraska identification number for the item used. The credit line much also include an explanatory statement regarding any manipulation of the item (see MANIPULATION below).
  7. MANIPULATION.   History Nebraska 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. History Nebraska 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 History Nebraska and described in the credit line.
  8. WEBSITE RESOLUTION.  History Nebraska will not allow a still image of higher than 100 dpi; a moving image with a frame size of more than 320x240 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 History Nebraska and will require an additional use fee charge.
  9. ENDORSEMENT.  Use of reproductions of materials from History Nebraska’s collections does not imply that History Nebraska 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 History Nebraska, 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 History Nebraska’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.
  11. DESTRUCTION OR RETURN OF ELECTRONIC FILES.  History Nebraska requires the user to destroy or return to History Nebraska any files provided to the user by History Nebraska upon the completion of the project in which the content of the files is used.
  12. NONCOMPLIANCE.  History Nebraska 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.  History Nebraska use policies are subject to change without notice.  In case of a discrepancy, policies in effect at the time payment is made will apply.

 

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