Conditions of Use
1.

All requests to reproduce photographs and other materials from the RIT Melbert B. Cary, Jr. Cary Graphic Arts Collection, Wallace 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 a representative of the RIT Cary Graphic Arts Collection countersigns this application. 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; the RIT Cary Graphic Arts Collection reserves the right to reproduce the image and to allow others to reproduce the image.

Any subsequent use constitutes reuse and must be applied for in writing the RIT Cary Graphic Arts Collection. Any change in use from that stated on the application requires additional permission. The RIT Cary Collection reserves the right to demand surrender of all materials containing unauthorized reproductions.

The RIT Cary Graphic Arts Collection 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.
2. The RIT Cary Graphic Arts Collection reserves the right to refuse any order for reproductions that it feels might damage the original. The decision to allow reproduction of our holdings rests solely with the Curator or Archivist responsible for the material.

3. In addition to the permission of the RIT Cary Graphic Arts Collection, other permissions may be required. Those permissions may include, but are not limited to:

Copyright: In cases of living artists or and/or 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 RIT Cary Graphic Arts Collection before a photograph of the artwork will be released.

WARNING CONCERNING COPYRIGHT RESTRICTIONS:
The copyright law of the United States (Title 17, 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 to 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 judgement, fulfillment of the order would involve violation of copyright law.

Privacy: Individuals depicted in reproductions have privacy rights as outlined in Title 45 CFR 46 (“Protection of Human Subjects”). The Cary Collection reserves the right to require a release from individuals whose privacy may be violated by publication of the image.

Owner of the original: In instances where the RIT Cary Graphic Arts Collection 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/her transferees, heirs, legatees, or literary executors). The Cary Collection will aid the applicant by providing addresses, when available. However the Cary Collection 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 the Cary Collection and its agents harmless against any and all claims arising or resulting from the use of this image and shall indemnify the Cary Collection and its agents for any and all costs and damages arising or resulting from any such unauthorized use.
4.

All reproductions must include the name of: Melbert B. Cary, Jr. Graphic Arts Collection, Rochester Institute of Technology in a caption or credit. The RIT Cary Graphic Arts Collection may require that the artist, title of the work, and the collection from which the item was pulled appear in the caption.

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. When permission is granted to disseminate reproductions electronically, the RIT Cary Graphic Arts Collection reserves the right to require an electronic watermark or other identifying code with the scanned file.
5.

Applicants may be granted permission to use reproductions or other imagery supplied by the RIT Cary Graphic Arts Collection for personal or educational use. If such permission is granted, reproductions may not be copied, scanned, exhibited, resold, or used for any purpose than that specified in this application. Copies shall not be deposited in another library, archive, or repository without the permission of the Cary Collection.
6. Unless approved in advance by the RIT Cary Graphic Arts Collection, 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.

The RIT Cary Graphic Arts Collection reserves the right to examine proofs and captions for accuracy and sensitivity prior to publication with the right to revise if necessary. The Cary Collection reserves the right to refuse any request and to impose such conditions as it may deem advisable in their best interest.

7.

The applicant agrees to send the RIT Cary Graphic Arts Collection 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.

8.

All photographic services are to be done by arrangement with a Photographic Specialist chosen by and contracted through the RIT Cary Graphic Arts Collection. Purchaser agrees to pay all fees for negatives, prints, delivery and RUSH orders, in addition to reproduction/use fees.

If other than the RIT Cary Graphic Arts Collection, the owner of the copyright may charge fees in addition to those charged for reproduction/use and photographic services.