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Conditions Governing Rights and Reproductions

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Conditions Governing Rights and Reproductions


State Library of Louisiana, Louisiana Collection
P. O. Box 131 • Baton Rouge, LA  70821 • Telephone: 225-342-4914 • Fax: 225-342-2791

 

Requests for reproductions of objects to which the State Library of Louisiana holds the title may be made for scholarly, noncommercial purposes, or for sale or commercial purposes. Reproduction rights in any medium must be obtained in writing from the State Library prior to reproduction.  All requests must meet U.S. copyright laws (USC title 17)
 

Reproduction Policies
Requests for reproductions must be made in writing to State Library of Louisiana, Louisiana Department, P.O. Box 131 Baton Rouge, LA  70802.  All requests for permission to reproduce must include complete details as to the intended use.

Reproduction for scholarly, non-commercial purposes requires approval of the Coordinator of the Louisiana Department of the State Library.  Reproduction for sale or commercial purposes requires the approval of the Deputy State Librarian or designee.

Fees to recover costs may be charged for reproduction rights for any collection object to which the State Library has title, unless waived by th¬e State Library.

Fees, if applicable must be paid in advance, with checks made by payable to State Library of Louisiana.  Failure to pay the required fees for reproduction means that permission has not been granted.  Paid fees are non-refundable.

The reproduction may be used only once and only for the purpose for which permission was granted.   Single use is defined as a publication or product having a single physical format, a single date of production, and a single market.  Any subsequent editions, editions in a different physical format, or editions in a different language constitute a re-use and a new application must be made in writing.

Permission is valid only for the individual, company, or institution to whom it is specifically issued, and may not be transferred assigned, sold, or otherwise disposed of without written permission from the State Library.

Each object must be reproduced unaltered and in its entirety, unless approved in advance and in writing by the State Library.  If so requested on this form, a proof must be approved by the State Library of Louisiana before reproduction of an image in color.

The publisher must provide the State Library with two complete, gratis copies of the publication in which the image is reproduced, and notify the State Library of any public screening, initial broadcast, or publication dates. Purchasing reproductions for study or research purposes does not imply the right to publish or reproduce.

Copyright and Title
The State Library of Louisiana will only grant permission to reproduce objects which are in the public domain, or for which the State Library is the owner of Copyright or trademark.

The State Library of Louisiana makes no warranties or representations, and assumes no responsibility whatsoever for claims against the applicant or State Library by artists, their agents, estates, or by any parties in connection with the reproduction of objects in the State Library’s collections.  The applicant agrees to protect, defend, indemnify, save and hold harmless the State Library of Louisiana against any and all such claims, including Copyright infringement claims, trademark infringement claims, invasion of privacy claims, publicity claims, moral rights claims, and royalty or fee demands and/or actions, including all attorneys fees and the costs thereof, arising as a result of the applicant’s reproduction of objects in the State Library’s collections, or which may occur or in any way grow out of any act or omission of the applicant, its agents, servants, and employees.  The applicant agrees to investigate, handle, respond to, provide defense for, and defend any such claims, demands, or suits at its sole expense and agrees to bear all other costs and expenses related thereto, even if it is groundless, false or fraudulent.  Any and all royalty payments or other requirements specified by the Copyright owner of an object must be paid or honored by the applicant of his/her agent.

In authorizing the publication, the State Library of Louisiana retains all rights, and does not surrender its right to publish the image or to grant permission to others to do so.

Notice:  Warning Concerning Copyright Restrictions
The Copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of Copyright material.  Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction.  One of these specified conditions is that the photocopy or reproduction is not to be “used for any purposes 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 user may be liable for Copyright infringement.  The State Library reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of Copyright law.

Rights of Privacy
An individual depicted in a reproduction has privacy rights as outlined in Title 45 CFR Section 46 (Protection of Human Subjects). The State Library of Louisiana reserves the right to require a release from individuals whose privacy may be violated by the reproduction.

Use of the Name of State Library of Louisiana
The name of State Library of Louisiana may only be used by the requestor as specified in the credit line provided by the State Library.  The name of the State Library of Louisiana may not be used in any way that suggests or implies an endorsement by the State Library of other organizations, their products, or their services.  The use of the State Library of Louisiana’s name for any commercial purposes is prohibited without express written permission from the State Librarian.

Right of Refusal
The State Library of Louisiana reserves the right to refuse reproduction if in the best interest of the State Library, or to limit the number of photographic copies.

The State Library of Louisiana reserves the right to deny permission to reproduce an image from its collection to any applicant whose product is not acceptable to the State Library for any reason.  The applicant agrees to use the materials for appropriate and legal purposes.

Negative—Transparencies—Prints—Digital Images
All negatives and transparencies remain the property of the State Library and may not be removed from the premises.

Copy prints, negatives, or transparencies provided by the State Library to the requestor may not be digitized without written permission from the State Library.   In the event such permission is granted, any Copyright in digital surrogates of the image created by the requestor remains with the State Library and the requestor agrees to an unconditional transfer of Copyright to the State Library of Louisiana.

Electronic Distribution of Images
When permission is granted to disseminate reproductions electronically, the State Library reserves the right to require an electronic watermark or other identifying code within the scanned file identifying the State Library of Louisiana as owner of Copyright in the digitized image.   Scanned files must be destroyed once the final product has been produced.

Credit Lines
The applicant agrees to comply with all written instructions regarding credit line or the use of the name State Library of Louisiana. The caption and credit line provided by the State Library must accompany the reproduction, either in the immediate proximity of the image or in the section devoted to photographic credits. Abbreviations are not permitted. It is mandatory that the image is credited as specified.