Conditions of Use

Caldwell Public Library

268 Bloomfield Avenue

Caldwell, New Jersey 07006

 

Conditions of Use for Reproductions

 

  1. All requests to reproduce documents from the Caldwell Public Library’s holdings must be submitted on this application. The applicant agrees to abide by all terms, conditions, and provisions of this agreement.

Permission for reproduction is granted only when this application is countersigned by a representative of the Caldwell Public Library. Permission for reproduction is limited to the applicant and is non-transferable.

Permission for reproduction is granted only for the expressed purpose described in this application. This permission is non-exclusive; Caldwell Public Library reserves the right to reproduce the image and to allow others to reproduce the image.

Any subsequent use (including subsequent editions, paperback editions, foreign language editions, etc.) constitutes reuse and must be applied in writing to the Caldwell Public Library. Any change in use from that stated on the application requires permission of the Caldwell Public Library. An additional fee may be charged for reuse or change in use.

The Caldwell Public Library reserves the right to refuse reproduction of its holdings if it feels fulfillment of that order would be in violation of copyright law or other law.

  1. The Caldwell Public Library reserves the right to refuse any order for reproductions which it feels might damage the original.
  1. In addition to the permission of the Caldwell Public Library, additional permissions may be required. Those permissions may include, but are not limited to:

Copyright: In cases of works subject to the 1976 Copyright Law or the 1991 Visual Artists Rights Act, written permission must be secured by the applicant from the artist, his/her agent, or the copyright owner and provided to the Caldwell Public Library before the artwork will be released.

WARNING CONCERNING COPYRIGHT RESTRICTIONS:

 

The copyright law of the United states (Title17, USC) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, archives and libraries are authorized to furnish a photocopy or reproduction. One of these specified conditions is that the photocopy or reproduction is not be ‘used for any purpose 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. This institution reserves the right to refuse a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

 

Owner of Original: In instances where the Caldwell Public Library holds only a reproduction, the written permission of the owner of the original is required.

It is the responsibility of the applicant to obtain permission to publish reproductions from the owner of copyright (the institution, the creator of the record, the author, or his or her transferees, heirs, legatees, or literary executors). The Caldwell Public Library will aid the applicant in contacting individuals pertaining to permissions by providing addresses, when available. However, the Caldwell Public Library does not warranty the accuracy of that information, and shall not be responsible for any inaccurate information.

In all instances, the applicant agrees to hold Caldwell Public Library and its agents harmless against any and all claims arising or resulting from the use of this material and shall indemnify the Caldwell Public Library and its agents for any and all costs and damages arising or resulting from any such unauthorized use.

  1. All reproductions must include the name of the Caldwell Public Library Local History Collection in a caption or credit. Credits should appear in close proximity to the image or in a special section. The Caldwell Public Library may also require that the creator, 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 credit or caption as part of the image. When permission is granted to disseminate reproductions electronically, the Caldwell Public Library reserves the right to require an electronic watermark or other identifying code with the scanned file.
  1. Except as noted below, all reproductions provided by the Caldwell Public Library, remain the property of the Caldwell Public Library and must be returned upon completion of the project. Any separations, lithos, files containing electronic copies, or other intermediary images used in production of the final product authorized by this agreement shall be returned to the Caldwell Public Library upon completion.

Applicants may be granted permission to retain reproductions or other imagery supplied by Caldwell Public Library for personal or educational use. If such permission is granted (see section 9 of this form), reproductions may not be copied, scanned, exhibited, resold, or used for any other purpose than that specified in this application. Copies shall not be deposited in another library, archive, or repository without the permission of the Caldwell Public Library.

  1. Unless approved in advance by the Caldwell Public Library, each image MUST be reproduced unaltered and in its entirety; the image must nor be cropped, overprinted, printed on color stock, or bleed off the page.

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

If permission is granted to distribute an electronic copy of the image, the distributed copy shall not exceed a display or print resolution of greater than VGA screen resolution (72 dpi or 640×480 pixels).

  1. Prepayment of all fees, including use fees, is required before permission is granted, Default in payment shall immediately revoke permission.
  1. The applicant agrees to send the Caldwell Public Library one copy, best edition, of the work containing the reproduction at no charge. All expenses for shipping and handling are to be borne by the applicant.
  1. Additional conditions or exceptions to the above requirements:

Endorsements:

By signing this application, I accept personally and on behalf of any organization I represent the conditions set forth above.

Signed­­­­­­­­­­­­­­­­­­­­­_______________________________    Dated­­­­­­­­­­­­­­­­­­­­­­­­­­­__________________

When signed by an authorized agent of the Caldwell Public Library, this form constitutes permission for reproduction as outlined in this application.

Signed_______________________________    Dated_____________________

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An online exhibit of photographs from the Caldwell Public Library's Gene Collerd Local History Collection

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