History Nebraska Use Policy

Effective January 29, 2024

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 images, 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 conditions under which such uses are allowed.

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 rights 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 use fees are charged for use by Nebraska
   government agencies (state, local, or tribal), for exhibit use by Nebraska cultural
   institutions, or for use by individuals for personal enjoyment, private study,
   scholarship, or research. Other uses are subject to fees; see the History Nebraska
   Access and Use Fee Schedule for details. Use fees must be paid in advance of
   receiving use permissions and all use fees 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.
   Extended or additional 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 must 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 nor 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 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 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. FURNISHED COPIES. History Nebraska may require that a copy be provided of the
    final project, publication, or production in which History Nebraska materials are
    granted permission for use.
14. 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.