Notice: Warning Concerning Copyright Restrictions
- The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies and other reproductions of copyright materials.
- Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or other 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 to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.
(Information updated 09-29-05)
Reproduction Rights
One-time only – Non-exclusive – Includes still and video
The State Historical Society of North Dakota State Archives has extensive photographic and moving image collections. While one of the main concerns of the Society is the permanent preservation of these invaluable historical images, their use by interested researchers is also encouraged. In order to preserve properly the collections for future generations, make them available for current use, and honor the rights of copyright owners, the following policies have been established.
- No materials may be borrowed. All reproduction work is done through the archives. No attempt is made to provide archival quality prints.
- All reproductions made are for personal reference use only, and possession of a reproduction does not constitute permission to publish it. The term "to publish" includes, but is not limited to, print, film, video, slide presentation, television, computer or other electronic media, and exhibit formats. To publish a reproduction from the Society’s collections, a Request for One Time Use of Photographic Image form must be completed and signed. We do not offer our images for commercial alteration, reproduction and resale.
- In requesting to reproduce materials from these collections, the researcher agrees to indemnify and hold the State Historical Society of North Dakota and its staff harmless and free from liability for acts of the requester in any action involving infringement of the rights of any person or heirs and descendants under statutory copyright.
- The State Historical Society of North Dakota reserves the right to refuse to grant permission and/or to provide photographic reproduction services to publishers and individuals who have not complied with these conditions.
- Publication, exhibit, or reproduction of photographic images held by the State Historical Society of North Dakota is prohibited unless authorized by an approved Request for One Time Use of Photographic Image form. In addition, you must credit completely and as specified in the Request for One Time Use of Photographic Image form.
- Permission will not be granted for uses other than those specifically requested from the State Historical Society of North Dakota. The State Historical Society of North Dakota has a standard permission form which it asks publishers and broadcasters to use when seeking to use photos or video from its collections. As a rule, we do not sign release forms developed by others, since doing so may require additional consultation on our part. Multiple uses of an image must be identified. We do not issue rights in perpetuity or without limitations, or authorize re-issuing of rights to third parties.
- The material may not be substantially altered. Elements such as people, signs, or any other part of the images may not be digitally removed or added. The perspective or depth of the image may not be digitally altered. Images may not be reversed. Cropping and/or enlargement to enhance portions of the images is permissible, as are adjustments to enhance the definition of the images, as long as it is noted that it is a detail from the original image.
Still Images
- Non-commercial use, reference only: no charge beyond copy print or duplication costs and added production charges, if any.
- Books, periodicals, and other published works, including those in electronic format, such as web sites: In state, $15.00 per still image; out of state, $50.00 per image (includes images of museum artifacts).
- Broadcast or video use: In state, $15.00; out of state, $50.00 per still image.
- Commercial decorative display (still): In state, $15.00; out of state, $25.00 per image.
- Print advertising (still): In state, $15.00; out of state, $25.00 per image.
- Exhibit use: In state, $10.00; out of state, $30.00 per image.
Video
- In state news and documentary: no use fee; supplies and staff time charged for over 20 minutes @ $25.00 per hour.
- Network or theatrical (video): $20.00 per second plus productions costs, each occurrence.
- Public television: $10.00 per second plus production costs.
- Television commercials, corporate presentations, live events, concerts, etc. (video): not allowed.
Notes and Definitions
- Fees may be waived for North Dakota newspapers and North Dakota news and documentary television programming, affiliated historical societies, and in-state publications produced by non-profit organizations.
- News and documentary (in state) includes newspapers and magazines, regular commercial station or public television news programs and historical or public issue documentary productions.
- Commercial (in state) includes all print and television advertising.
- Network or theatrical includes all television or theatrical usage, including news programming and advertising.
- All advertisers are advised that the use of personal images may require permission from the individuals pictured.
- Requests for response by express or overnight delivery will only be honored if charges can be made directly to a Federal Express or other delivery service account.
- Costs of any special services will be paid by the researcher. These costs will include necessary staff time (including travel time if necessary) charged at $25.00 per hour, staff expenses incurred, and the costs of the services themselves.
- Only donating stations will be allowed use of their own products for commercials.
- All duplication requires adequate prior notice.
