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Image Licensing

Licensing Policies

Please note that there are different policies depending on project type: print, web, or television/film/video.

Print

1. License. Harvard Art Museums (hereafter, “Museums”) grant to Licensee under any copyrights, trademarks, and other intellectual property rights that Museums may have, the right to reproduce, distribute, and publicly display, the Authorized Image(s), solely in connection with the Project. Any reproduction from materials not supplied by Museums is prohibited. Licensee may not modify the Authorized Image(s) in any way not contemplated herein when exercising its rights under this Agreement. Additional language editions and subsequent editions will be considered upon application.

2. Reproduction Limitations. Museums may request that the Licensee submit proofs in advance of publication. Each image must be reproduced in its entirety without cropping, bleeding, alteration, splitting, or other modification. If a detail is shown, the caption must include the word “detail” and a full view must be shown as well.

3. Attribution. The caption must appear directly under the reproduction, on the page facing, on the reverse, in a list of illustrations, and/or in an appendix. The credit line will include all of the information listed with each text as described in the permission agreement.

4. Return of Materials. Digital images must be destroyed upon the publication of the Project.

5. Ownership. Museums grant the license requested only to the extent of its ownership rights relating to the request. Certain material may be protected by copyright, trademark, or related interests not owned by Museums. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permission remains solely with the Licensee. Museums reserve the right to request copies of such permissions.

6. Review. Licensee must submit one copy of the completed Project as published. In addition, prior to publication Museums may require Licensee to provide Museums with samples of the Authorized Image(s) as they are to appear in the Project. Museums shall have the right to approve the samples for quality and adherence to any trademark guidelines of Museums, and Licensee shall not use the Authorized Image(s) until the samples have been so approved.

7. Fees. The fee for permission must be paid within 10 days of receipt of the invoice. Please make checks payable to DIVR/Harvard Art Museums.

8. Disclaimer. Museums make no representations or warranties of any kind with respect to the texts in connection with this agreement. Museums specifically disclaim any and all implied warranties or conditions of title, merchantability, satisfactory quality and fitness for a particular purpose. Without limiting the above, Museums disclaim any warranty with respect to copyright, trademark, rights of publicity or privacy, or any intellectual property right that may be embodied in the artworks, or any warranty that the rights granted herein are sufficient for Licensee’s purposes. Licensee acknowledges that Licensee bears the sole obligation to acquire such sufficient rights.

9. Limitation of Liability. Museums shall not be liable to Licensee for any damages, direct or indirect, including without limitation special, consequential, or incidental damages arising out of this agreement, whether based on warranty, contract, tort (including negligence or strict liability), or otherwise.

10. General. This Agreement, together with any attached Schedules, expresses the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior communications and agreements, written or oral. All rights not expressly granted in this agreement are reserved to Museums. This Agreement may not be modified or amended except by written instrument duly executed by both parties. No waiver of any term or provision of this Agreement will be deemed a waiver of such term or provision at any future time, or of any other term or provision of this Agreement. If any provision of this Agreement is found to be invalid, it shall be replaced with a valid provision that most nearly effects the parties’ intent. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Cambridge, Massachusetts.

Web

1. License. Harvard Art Museums (hereafter, “Museums”) grant to Licensee under any copyrights, trademarks, and other intellectual property rights that Museums may have, the right to reproduce, distribute, and publicly display, the Authorized Image(s), solely in connection with the Project. Any reproduction from materials not supplied by Museums is prohibited. Licensee may not modify the Authorized Image(s) in any way not contemplated herein when exercising its rights under this Agreement.

2. Reproduction Limitations. The reproduction of Authorized Image(s) must be full-tone black and white or full color. Each image must be reproduced in its entirety without cropping, bleeding, alteration, splitting, or other modification. If a detail is shown, the caption must include the word “detail” and a full view must be shown as well. Image(s) must conform to 1024 pixels in the long dimension @72ppi. Full view and details must conform to the pixel dimension above.

3. Attribution. The caption must appear adjacent to the image(s). The credit line will include all of the information listed with each text as described in the permission agreement.

4. Return of Materials. Digital images must be destroyed upon the publication of the Project.

5. Ownership. Museums grant the license requested only to the extent of its ownership rights relating to the request. Certain material may be protected by copyright, trademark, or related interests not owned by Museums. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permission remains solely with the Licensee. Museums reserve the right to request copies of such permissions.

6. Review. Licensee must provide a link to the image as published on the web. In addition, prior to publication Museums may require Licensee to provide Museums with samples of the Authorized Image(s) as they are to appear in the Project. Museums shall have the right to approve the samples for quality and adherence to any trademark guidelines of Museums, and Licensee shall not use the Authorized Image(s) until the samples have been so approved.

7. Duplicates. The Image may not be duplicated without Museums’ prior approval. Licensee will employ technology that will prevent copying of the Image(s) from the digital project and will prosecute infringement.

8. Disclaimer. Museums make no representations or warranties of any kind with respect to the texts in connection with this agreement. Museums specifically disclaim any and all implied warranties or conditions of title, merchantability, satisfactory quality and fitness for a particular purpose. Without limiting the above, Museums disclaim any warranty with respect to copyright, trademark, rights of publicity or privacy, or any intellectual property right that may be embodied in the artworks, or any warranty that the rights granted herein are sufficient for Licensee’s purposes. Licensee acknowledges that Licensee bears the sole obligation to acquire such sufficient rights.

9. Limitation of Liability. Museums shall not be liable to Licensee for any damages, direct or indirect, including without limitation special, consequential, or incidental damages arising out of this agreement, whether based on warranty, contract, tort (including negligence or strict liability), or otherwise.

10. General. This Agreement, together with any attached Schedules, expresses the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior communications and agreements, written or oral. All rights not expressly granted in this agreement are reserved to Museums. This Agreement may not be modified or amended except by written instrument duly executed by both parties. No waiver of any term or provision of this Agreement will be deemed a waiver of such term or provision at any future time, or of any other term or provision of this Agreement. If any provision of this Agreement is found to be invalid, it shall be replaced with a valid provision that most nearly effects the parties’ intent. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Cambridge, Massachusetts.

Television/Film/Video

1. License. Harvard Art Museum (hereafter, “Museums”) grant to Licensee under any copyrights, trademarks, and other intellectual property rights that Museums may have, the right to reproduce, distribute, and publicly display, the Authorized Image(s), solely in connection with the Project. Any reproduction from materials not supplied by Museums is prohibited. Licensee may not modify the Authorized Image(s) in any way not contemplated herein when exercising its rights under this Agreement. Additional language editions, works including subtitles, and other derivative works must be licensed separately.

2. Reproduction Limitations. The reproduction of Authorized Image(s) must be full-tone black and white or full color. Each image must be reproduced in its entirety without cropping, bleeding, alteration, splitting, or other modification. If a detail is shown, the caption must include the word “detail” and a full view must be shown as well.

3. Attribution. Captions and/or credits must appear in the broadcast credits. The credit line will consist of the following: “Harvard Art Museums.”

4. Return of Materials. Digital images must be destroyed upon the creation of the Project.

5. Ownership. Museums grant the license requested only to the extent of its ownership rights relating to the request. Certain material may be protected by copyright, trademark, or related interests not owned by Museums. The responsibility for ascertaining whether any such rights exist and for obtaining all other necessary permission remains solely with the Licensee. Museums reserve the right to request copies of such permissions.

6. Review. A copy of the finished Project may be requested. In addition, prior to publication Museums may require Licensee to provide Museums with samples of the Authorized Image(s) as they are to appear in the Project. Museums shall have the right to approve the samples for quality and adherence to any trademark guidelines of Museums, and Licensee shall not use the Authorized Image(s) until the samples have been so approved.

7. Duplicates. The image may not be duplicated without Museums’ prior approval. Licensee will employ technology that will prevent copying of the Image(s) from the digital project and will prosecute infringement.

8. Disclaimer. Museums make no representations or warranties of any kind with respect to the texts in connection with this agreement. Museums specifically disclaim any and all implied warranties or conditions of title, merchantability, satisfactory quality and fitness for a particular purpose. Without limiting the above, Museums disclaim any warranty with respect to copyright, trademark, rights of publicity or privacy, or any intellectual property right that may be embodied in the artworks, or any warranty that the rights granted herein are sufficient for Licensee’s purposes. Licensee acknowledges that Licensee bears the sole obligation to acquire such sufficient rights.

9. Limitation of Liability. Museums shall not be liable to Licensee for any damages, direct or indirect, including without limitation special, consequential, or incidental damages arising out of this agreement, whether based on warranty, contract, tort (including negligence or strict liability), or otherwise.

10. General. This Agreement, together with any attached Schedules, expresses the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior communications and agreements, written or oral. All rights not expressly granted in this agreement are reserved to Museums. This Agreement may not be modified or amended except by written instrument duly executed by both parties. No waiver of any term or provision of this Agreement will be deemed a waiver of such term or provision at any future time, or of any other term or provision of this Agreement. If any provision of this Agreement is found to be invalid, it shall be replaced with a valid provision that most nearly effects the parties’ intent. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in Cambridge, Massachusetts.