All applicants who request reproduction of Collection Materials agree to be bound by the terms and conditions set forth in this Policy. Failure to comply with this Policy shall result in immediate revocation of the permission for reproduction granted and require surrender of all reproductions of Collection Materials.
If an applicant acts on behalf of a third party, this Policy shall apply to both the applicant and the third party.
BHS reserves the right to modify this Policy and the Reproduction Request Application Form (the “Application Form”) from time to time without notice.
If a reproduction request is made for Collection Materials whose IP Rights holder(s) are either not BHS or unknown to BHS, BHS can grant such request only if written permission for reproduction from such IP Rights holder(s) is provided to BHS. The responsibility for locating the IP Rights holder(s) and obtaining all necessary written permission remains solely with the applicant.
All of the Collection Materials or portions thereof must be reproduced unaltered unless approved in advance by a member of the BHS collections staff (the “Collections Staff”).
Reproduction is carried out only by the Collections Staff unless approved otherwise in advance by the Collections Staff.
Taking Photographs in the Library
As an additional method of reproduction, BHS may permit an applicant to take photographs of Collection Materials. All provisions of this Policy apply to this method of reproduction.
Photographs may be taken only with the prior approval of BHS by submitting a Copy Request Form and only during BHS’s normal hours of operation.
All cameras must be hand-held. The photographer’s feet must remain on the floor at all times; the use of tripods, chairs, stools, ladders or other devices to adjust the angle of photography is not permitted. Only still photography cameras may be used.
All photographs must be taken using available light within the reading room. The flash option on the camera must be turned off, and no additional, separate lighting may be used.
Manuscripts, maps, broadsides and other single sheets must be kept flat on the table during photography. Books, bound manuscripts, and other bound materials must be photographed while in a cradle.
Right to Refuse
BHS strives to provide all Collection Materials for reproduction to the extent permitted by law whenever it determines such reproduction furthers its mission. However, BHS also recognizes that certain circumstances might limit its ability to do so, and therefore reserves the right to refuse to permit reproduction or impose additional conditions as it sees fit in the best interests of BHS and the Collection Materials. Such determination shall be made solely by the Collections Staff.
Reproduction and Publication Permission
Permission for reproduction is non-exclusive, and is valid only for the applicant to whom it is specifically issued. Permission may not be transferred, assigned, sold, or otherwise disposed of without the prior written consent of BHS.
Permission is granted only for a Single Use (as defined below) of the reproduction for the expressed purpose(s) set forth in the Application Form. A “Single Use” is defined as a publication or product having a single physical format, a single date of production, and a single market. Any change in content constitutes a separate edition. Any subsequent or different use, including subsequent editions, editions in a different physical format, or editions in a different language constitutes a re-use and a new application must be made and approved, with the appropriate fees paid.
Permission does not transfer any underlying rights in the Collection Materials; in providing the reproductions, BHS does not surrender or otherwise limit its own rights, and retains its own full rights in the Collection Materials, including, but not limited to, the right to publish the Collection Materials and to publicly display the Collection Materials.
BHS may grant rights to publish Collection Materials pursuant to this Policy. Rights to publish are granted only for a Single Use for a period not to exceed ten years for the expressed purposes(s) set forth in the Application Form.
Application Procedure
All requests to reproduce Collection Materials must be submitted on the Application Form. Fees shall be charged in accordance with the fee schedule attached hereto as Exhibit A, and must be paid in full in advance. No permission shall be valid until the Application Form is approved by the Collections Staff and full payment of the applicable fees is received by BHS.
Privacy and Publicity Rights
An individual depicted in a reproduction has certain privacy and publicity rights pursuant to federal and applicable state laws. BHS reserves the right to require a release from individuals whose privacy and publicity rights may be violated by the use of the reproduction; if such a release is not provided to BHS, BHS reserves the right to refuse granting the reproduction request. The responsibility for obtaining such a release remains solely with the applicant. BHS extends the privacy and publicity rights to include ceremonial objects and rites of cultural groups and requires the permission of that group before granting reproduction requests.
Releases and Indemnification
BHS makes no warranties or representations of any kind, and assumes no responsibility whatsoever, for claims against the applicant or BHS arising out of or in connection with the content of the reproductions.
The Collection Materials may be subject to IP Rights, moral rights, property rights or other rights belonging to third parties (collectively, “Third Party Right(s)”). BHS makes no representations or warranties of any kind that it owns or grants any Third Party Right(s) to the applicant.
The applicant is solely responsible for determining whether the reproduction and use of requested materials require the consent of holders of Third Party Rights and for obtaining such consent.
The applicant further agrees to protect, defend, indemnify, save, and hold harmless BHS against any actual or alleged infringement of any patent, copyright, trademark, trade secret, or any other proprietary rights or any violation of a right of privacy or publicity, including all costs and reasonable attorneys’ fees, arising out of or in connection with BHS’s grant of reproduction permission and/or the applicant’s use of such reproduction.
Credit Line
All reproductions of Collection Materials shall include the credit line “The Brooklyn Historical Society” or as otherwise specified by BHS. Credit lines must appear in close proximity to the reproductions or in a special section devoted to credits.
Miscellaneous
This Policy and the Application Form collectively constitute the entire agreement and understanding between BHS and the applicant with respect to the subject matter hereof (the “Agreement”) and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter in any way.
The Agreement, its validity and effect shall be interpreted under, and governed by, the laws of the State of New York and shall be considered to have been made and accepted in New York.
Any and all disputes arising out of or in connection with the Agreement shall be settled by arbitration in New York, New York, pursuant to the rules of the American Arbitration Association in effect at the time arbitration is demanded.
