Terms Governing Reproduction or Publication of Images from the Santa Barbara Museum of Art Collections or Grounds
1.Written permission must be obtained from SBMA to reproduce or publish Images from or of SBMA's collections or grounds.
2.Certain works of art as well as photographs of these works, may be protected by copyright, trademark or related interests not owned by SBMA. Applicant must secure permission from the artist or his agent, or from an organization representing the rights of the artist. SBMA assumes no responsibility for any royalties or fees claimed by the artist or an organization representing the rights of the artist.
3.Applicant shall obtain all necessary copyrights and other licenses or permissions needed for use of the Image. To the extent permitted by law, Applicant shall indemnify SBMA, its directors, officers, agents, subcontractors, employees, successors and assigns (collectively, the "Indemnitees"), and shall defend and hold each Indemnitee harmless from and against any and all liabilities, losses, damages settlements, claims, actions, suits, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) incurred by any Indemnitee, relating to, arising from, or occurring as a result of the failure by Applicant to secure such permission.
4.Payment in advance is required. Fees are non-refundable under any circumstances. See fee schedule page.
5.Each Image that is reproduced must be unaltered and must be included in its entirety. Nothing may be superimposed on the Image unless approved in writing by SBMA. The reproduction may not be cropped or otherwise trimmed to fit a format, bled off the page, guttered across facing pages, or printed on colored stock. Nor may any black-and-white Image be printed with colored ink. When a detail is used, the word "detail" must appear in the credit line.
6.The full caption for the work must appear either: directly under the reproduction, on the page facing, on the reverse, in a list of illustrations, and/or in an appendix. The caption consists of the artist's name, title of the work, date, medium, dimensions, and credit line.
7.Digital images must be destroyed upon the publication of the project. Transparencies are rented on a 4-month term basis and must be returned at the conclusion of such period. At the discretion of SBMA, additional fees may be charged for lost or damaged transparencies.
8.Applicant will send one (1) gratis copy of the publication to the Santa Barbara Museum of Art. If the image is used in an electronic, video or website format, SBMA must receive a disk or tape showing usage.
9.SBMA reserves the right to rescind this agreement at any time upon failure of the applicant or publisher to comply with any section listed above.
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