General:
By obtaining high resolution TIFF files or prints from The New York Public Library (“NYPL”), you agree to the Permissions Terms & Conditions set forth below. As used below, the term “images” refers to images and/or microfilmed copies of printed materials reproduced by NYPL.
When you download high resolution TIFF files from the Library’s FTP or HTTP site, or receive image files or prints from NYPL through any other means, you agree to be bound by: (i) the following Permissions Terms & Conditions and (ii) the written Permissions statement you will receive, if applicable.
If your actions are on behalf of your employer or another third party, then this Policy and the written Permissions statement shall apply to you and your employer or other third party.
Images are not to be used in any manner without the express written permission from NYPL. All images are provided pursuant to this Policy and the written Permissions statement you will receive. Image usage without prior payment and NYPL's express written permission is strictly prohibited.
Nothing in this Policy or in any other agreement with NYPL shall transfer any underlying rights to the images to you or to any third party. Underlying rights to the images are not sold; the images are provided for limited purposes as set forth in your agreement with NYPL. The images remain the physical property of NYPL and the intellectual property of the copyright holder, if applicable.
If requesting files for web usage, images can only be displayed at a standard web display resolution—set to either 72 ppi or 96 ppi (pixels per inch - depending upon your monitor's settings).
Images or image files cannot be distributed or re-sold independent from the specific use for which permission is granted and may not be used in a manner allowing permanent storage or re-use by third parties. No Permissions may be sublicensed, transferred or assigned. You agree not to make, authorize, or permit any use of any image except as specifically set forth in this Agreement and in the written Permissions statement that you will receive.
Failure to comply with any of the provisions of this Policy statement and in the written Permissions statement that you will receive may result in immediate revocation of the Permissions granted.
Copyright Protection:
Images provided by NYPL may still be under copyright and protected by the intellectual property laws of the United States and the Berne Convention.
You are solely responsible for clearing the copyright with the rights holder. Requests for reproductions of copyrighted images will not be processed until you have obtained written clearance of such rights from the rights holder or you have completed to NYPL’s satisfaction a “best efforts” search to locate the rights holder.
You agree to provide each reproduction of an image with a credit line that will be supplied to you in the written Permissions statement that you will receive.
Releases and Permissions:
The rights NYPL grants to you do not include a license to any persons, places, property, or subject matter depicted in an image, which may be subject to copyrights, trademarks, rights of publicity, moral rights, property rights or other rights belonging to third parties. NYPL makes no representations or warranties that it owns or licenses any such rights nor does NYPL grant you any rights including copyright, trademarks, or rights of publicity belonging to any person, place, property, or subject matter depicted in any image. Further NYPL makes no representation or warranty as to the accuracy of any information provided with the images. You are solely responsible for determining whether your use of any image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by NYPL. If you are unsure whether additional rights are needed for your use, you are responsible for consulting with legal counsel.
Indemnification/ Limitation of Liability
You agree to hold NYPL harmless from any and all claims and expenses arising from your use of an image. Under all circumstances, NYPL disclaims any and all liability in connection of your use of an image obtained through NYPL.
Payment Terms:
Digital files will not be released until full payment of NYPL’s reproduction fee is received.
Cancellation Policy for Images:
There are no refunds for reproductions supplied of public domain or third-party rights controlled images.
For NYPL copyright-held images, you must notify us in writing within six months from the date of the written Permissions agreement. You will be refunded the total paid per image less $45.00 plus any surcharges that were assessed. Mailing and bank transfer fees are nonrefundable.
No refunds are issued after six months.
Unauthorized Use of Images:
In the event that you utilize any NYPL copyright-held image without, or prior to, the receipt of a written Permissions statement from the NYPL, or you utilize any image for any use other than that indicated on the written Permissions statement, including but not limited to the number of uses, the publications utilized, or the size or reproduction, NYPL may, without limiting any of its rights hereunder or at law, charge you a liquidated damages fee equal to four (4) times the usage fee we would have charged for such use of the image.
Return of Prints, Film, and Digital Files:
If you obtain reproductions of images from NYPL in the form of film (i.e. 4x5” color transparency), you may retain the film until your use has been completed as specified in the written Permission statement that you will receive, but you must then return the film to NYPL. Digital files or prints do not need to be returned.
No Waiver, Complete Agreement:
The terms set forth in this Agreement, together with the written Permissions statement, represent our entire agreement concerning the delivery of images to you, your review and usage thereof. All prior understandings or representations, whether written or oral, based on "industry custom" or past dealings, are hereby merged in this Agreement. No terms or conditions may be added, removed or modified unless made in writing and signed by both parties. No action of NYPL, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of NYPL is authorized to waive it orally. In the event NYPL waives any specific part of this Agreement, it does not mean it waives any other part.
Arbitration:
A material part of this Agreement is our mutual agreement to arbitrate disputes, except for copyright violations, which will be litigated solely in U.S. federal court. Any and all disputes arising out of, under or in connection with the Agreement, including without limitation its validity, interpretation, performance and breach, 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. Judgment upon any award rendered may be entered in the highest court of the forum, state or federal, having jurisdiction. You agree that the arbitrators shall award all costs of arbitration including legal fees, plus legal interest, to the successful party.
Governing Law and Jurisdiction:
This 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.
Legal Fees:
If NYPL is obligated to go to court, rather than arbitration, to enforce any of its rights, you agree to reimburse NYPL for its legal fees and disbursements if NYPL prevails.
U.C.C.:
The above terms are governed by Article 2 of the Uniform Commercial Code.
©The New York Public Library, June 13, 2011
Have a question? Contact us at: Permissions@nypl.org
