Regional History Center Collection Use Policy

Any requests to reproduce any of the holdings of the Uintah County Library Regional History Center (RHC) must be submitted on the RHC Collection–Order and Use Permission Form. To be valid, the form must be signed by an authorized staff member of the RHC.

Permission for reproduction is granted only for the expressed purpose described in the form. Any subsequent use or change in the use constitutes reuse and must be applied for in writing to the RHC. If the size of edition or number of editions exceeds the terms specified in this application, the applicant/licensee/licensee shall immediately pay the difference in use fees. If payment is not received within thirty (30) days, the applicant/licensee/licensee agrees to pay a use fee equal to twice the originally quoted use fee.

This permission is non-exclusive; the Regional History Center reserves the right to reproduce the image and allow others to reproduce the image. The RHC shall also have the right to use, utilize, and publish any derivative image produced by the applicant/licensee, including copyrighted works and copyrighted derivative works of the applicant/licensee.

The RHC represents and warrants that:

the photographs and images in its collection were gifted or granted to the RHC, pursuant to the gift or grant,
the RHC has a right to act with respect to such photograph or image, and,
as far as the RHC is aware, the rights granted by it hereunder will not infringe on the rights of any third party.

Notwithstanding the foregoing, the RHC has not investigated the copyright status of its holdings, and is not responsible for determining the copyright status of the photographs or images, nor for securing copyright permission or payment for any such permission. The rights granted by the RHC in its holdings do not include any rights that persons other than the History Center may have in the photographs or images, including any artist’s rights of attribution or control under the laws of any country or state, moral rights, or the rights of publicity or privacy.

All use of RHC holdings require the following credit: Used by permission, Uintah County Library Regional History Center, all rights reserved. The RHC may also require that the artist/creator, the title of the work, and the object’s catalog number appear in the caption or credit as well. Credits should appear in close proximity to the image or in a special section devoted to credits. However, reproductions distributed electronically must contain the credit or caption as part of the image displayed in letters which are at least 3/8″ high and in a legible typeface. When permission is granted to disseminate reproductions electronically, the RHC reserves the right to require an electronic watermark or other identifying code within the scanned file.

The payment of a commercial use fee does not exempt the user from the credit line requirement.

Failure to include a credit line or electronic water mark, or inaccurate captions or credits shall require the applicant/licensee to pay the sum of One Hundred Dollars ($100) per image, as liquidated damages and not as a penalty, in view of the difficulty of assessing actual damages for this breach.

The RHC also requests (but does not require) the donation of a copy of the product in which the image is used. All expenses for shipping and handling are to be borne by the applicant/licensee.

In the event that the applicant/licensee engages in unauthorized reproduction of photographs or other materials, the applicant/licensee agrees to pay the RHC a sum equal to three times the normal commercial fee, not as a penalty but as liquidated damages, due to the difficulty in assessing actual damages incurred.

The RHC may (by written request), in the event of unauthorized reproduction(s), require immediate surrender of all materials containing such unauthorized reproduction(s).

The RHC reserves the right to refuse reproduction of its holdings if it is believed that fulfillment of that order would be violating copyright or other law, or if it deems it advisable. The RHC further reserves the right to impose such conditions as it may deem advisable.

Unless approved in advance by the RHC, each image MUST be reproduced unaltered and in its entirety; the image must not be cropped, overprinted, printed on color stock, or bleed off the page.

If so requested, a proof must be approved by the RHC staff before any reproduction of an image in color.

The RHC reserves the right to examine proofs and captions for accuracy and sensitivity before publication with the right to revise if necessary. The RHC reserves the right to refuse any request and to impose such conditions as it may deem advisable in the best interests of the RHC.

If permission is granted to distribute an electronic copy of an image, the distributed copy shall not exceed a resolution of 72 dpi. Images may not be scanned at a resolution greater than 300 dpi. Scanned files must be destroyed once the final product has been produced.

The applicant/licensee covenants, represents, and warrants of the Product will not contain any feature which would permit users to distort or mutilate the image, nor will the Product be intentionally designed or prepared so as to be compatible with any computer program which is designed to manipulate graphic images.

The permission granted does not include the right to include the image in any printed or electronic materials accompanying the Product, or in any advertisement for the Product other than as expressly permitted below:

NOTE: Electronic applications–WWW pages, CD-ROM, scanning, etc.–require separate permission from the RHC.

Solely in connection with the marketing and distribution of the Product, applicant/licensee may use the image on the packaging of the Product and in any advertisement, product catalogs, or publicity or promotional materials (a “Promotional Use”), provided that if the image is so used, the RHC shall be given a credit in the same page as the image appears. Applicant/licensee agrees that any Promotional Use will be made solely in a manner which indicates that the image is part of the content of the Product, and the RHC’s name will not be used as aesthetic or design elements in such Promotion Use.

Without limiting the generality of the foregoing, applicant/licensee shall not use the image or the RHC’s name in any manner which creates any association between the image and/or the RHC and applicant/licensee to such an extent that any goodwill towards the Product or applicant/licensee arises in the image and/or RHC’s name, and applicant/licensee agrees that it will not have right, under any circumstances whatsoever, to claim, and will not claim, that such goodwill has arisen or the applicant/licensee is entitled to the benefits, if any, thereof.

In all instances, the applicant/licensee agrees to defend, indemnify, and save and hold harmless the RHC, the Uintah County Library, and Uintah County and their respective employees or designates, agencies, employees or designates, 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 said photographs and their use in any manner, including their inspection, publication, reproduction, duplication or printing by anyone for any purpose whatever.

Fee Schedule for Use

Use of the RHC collection requires a completed Application for Permission to Publish form be submitted in advance to the RHC before the order can be processed. These fees are in addition to reproduction fees.

No use fees are charged for use of the holdings by private individuals for personal use, by students for papers, theses, dissertations, scholarly works addressed to limited audiences, for official publications by the University of Utah, the State of Utah, or local government agencies in Utah, or for exhibition in museums.

No use fees are charged for organizations able to provide proof of their not-for-profit status by providing suitable documentation.

The Library Director (or his authorized representative) may waive any and all fees for any use if such use would be beneficial to the library and/or the Regional History Center.

Commercial Fee Production Run (Fee is per image)

$10
In television, film, video, or $100
For commercial decorative display $75
Advertising (including TV) $150

Audio, Film, and Video Use Fees

Audio only $150 up to first five minutes, $15 per minute thereafter

All prices are subject to change without notice.

Payment of all fees, including use fees, is required before permission is granted. Default in payment shall immediately revoke permission.

Contract Claims and Controversies: All contract claims and controversies arising under this contract shall be resolved pursuant to existing Utah laws.

Adopted June 24, 2009