1. All communication regarding the reproduction of works of art in the Carter should be addressed to the Amon Carter Museum of American Art, Attn: Associate Registrar, 3501 Camp Bowie Blvd., Fort Worth, TX 76107; telephone (817) 738-1933; email firstname.lastname@example.org.
2. Written permission to reproduce must be obtained before publication.
3. Permission to reproduce and the applicable fees cover only the specific occasion and use detailed in the contract. Any and all reprints, further editions, re-employment of the image files or additional use of any kind must be preceded by a new contract and is not covered by the original fee or permission to reproduce. The contract is for the press run listed. Additional press runs must have permission granted with an additional contract and use fees.
4. All supplied images remain the property of the Carter. Images will not be supplied on approval or sold outright.
5. All final reproductions, unless specifically stipulated in writing by the Carter, must be smaller than the original work of art.
6. The image area of the picture, the area within the white border of a photograph or a graphic work (including inscriptions), the area within the outline of a sculpture, or the backdrop to the sculpture with shadows, scale indications, etc., may not be masked out, cut down, superimposed with type matter, or in any way defaced or altered.
7. Requests for alterations or variations to the image(s) such as cropping, overprinting, or bleeding to the edge or across the gutter of any reproduction must be made in writing to the Carter. A copy of the layout design must be sent to the museum for approval prior to printing.
8. Black and white reproductions may not be printed in colored ink or on colored stock.
9. Requests for special projects such as notecards, address books, posters, calendars, book jackets, etc. must include a mock-up, sample, or cover design of the publication with the request.
10. Application for permission to reproduce works of art in advertising, a promotional context, or as an integral part of a commercial product must include a layout and a full description of the proposed use, including the context in which the reproduction will be used, together with details of intended distribution/circulation. In the case of an adaption, a prototype must be submitted for approval before production may proceed.
11. Application to reproduce a detail from a work will be considered only upon receipt of a sketch or marked-up photograph showing the area to be reproduced. The word “detail” must appear in the caption. Permission to reproduce a detail is granted only when the full image is reproduced elsewhere in the same publication.
12. Reproductions may be made only from digital files provided by the Carter. We do not authorize reproduction from material obtained from other sources. Duplication of our photographic material, which may be copyrighted to the Carter, is forbidden.
13. Applicants will be responsible for the safekeeping of all digital files, which must be deleted after publication and may not be used for additional projects. Possession of an image file from the Carter does not constitute permission to use or publish it. Any unauthorized use of digital files, by any person or entity, will render the applicant responsible and liable to the Carter for appropriate compensation and other costs, regardless of whether the applicant has profited from or is responsible for such unauthorized use.
14. The Carter does not supply images of works in its collection to companies or individuals operating a photograph rental and/or sales service. Applicants will be required to represent as a pre-condition for permission to reproduce that no such use will be made of any material obtained from the Carter pursuant to any application hereunder.
15. PDF proofs must be submitted and approved by the Carter of the image(s) and its caption(s) before printing may proceed. Failure to comply with any corrections indicated on the submitted proof may result in the withdrawal of approval.
16. On the publishing date, one gratis copy of the publication in which the reproduction(s) appear must be sent to the Office of the Registrar at the Carter for archival purposes. In the case of M. A. theses and Ph.D. dissertations, PDFs are acceptable. Encyclopedic publications may submit tear sheets of the page on which the image is reproduced, the entire article in which the photograph appears and caption is given, and the publication copyright page. For television broadcast, film, video, DVDs, documentaries, etc., publications include photographs of the image installed on the set as well as one copy of the production.
17. The Carter reserves the right to limit the number of reproductions of Museum-owned works in any single publication, if it appears that their number is disproportionate in relation to those from other sources.
18. Any special use not covered in the terms will be dealt with on an individual basis.
19. The Carter’s policy is not to grant an exclusive right to reproduce any work of art from its collection. The Carter will not assume any responsibility for duplication of subjects or reproduction of the same work of art by other applicants or persons not authorized to reproduce said work.
20. The Carter reserves the right to deny any request in accordance with applicable law.
21. The Carter reserves the right, in its sole discretion, to refuse permission for further applications from a publisher or other applicant, if, in its opinion, the standard of reproduction has not been of acceptable quality.
22. This contract will be governed and interpreted by Texas law.
24. Any and all disputes arising out of, under, or in connection with this agreement, including without limitations, the validity, interpretation, performance and breach hereof, will be settled by arbitration in Fort Worth, Texas, pursuant to the rules of the American Arbitration Association. Judgment upon any award rendered may be entered in the highest court, state, or federal, of the forum having jurisdiction. If you breach any of the terms in this contract and force us to demand payment, you agree to pay a reasonable legal fee as determined by the arbitrator and will pay in full all disbursements and the cost of arbitration.
25. This contract constitutes the entire agreement between the parties and supersedes all prior written or oral agreements. This contract may be amended only in writing clearly setting forth any amendment and signed by both parties to this contract.
1. The reproductions may not be manipulated in any way that distorts the color or value of the image provided by the Museum. The image must be reproduced at a resolution of at least 72 PPI, and a Bit Depth of no less than 8 BIT.
2. Images will be limited to no larger than half-screen size and will be embedded for viewing purposes only. All digital images will be protected by the following means: 1. ‘Download’, ‘Print’, ‘Save As’, ‘Copy’, ‘Paste’ functions disabled. 2. Credit line, Amon Carter Museum of American Art, Fort Worth, Texas, appearing directly alongside or under each image.
COPYRIGHT AND CAPTION:
1. The Carter makes no warranties or representations and assumes no responsibility whatsoever for any claims, royalties, or fees demanded by an artist, his or her agent, estate, or by any other party in connection with the reproduction of works of art in the collections of the Carter. It is the responsibility of the applicant to obtain copyright permission from the copyright owner or administrator. Additionally, the applicant agrees to indemnify the Carter and hold it harmless against any and all such claims, demands and/or actions, including the costs thereof, arising as a result of the applicant’s reproduction of the works of art from the Carter.
2. A caption acknowledgement, as supplied by the Carter, including but not limited to, the artist, title, date, medium, credit line, accession number, and copyright notice when required, must appear exactly as specified by the Carter, without editing or omissions. Abbreviations are not permitted without prior approval of the Carter.
3. The caption must appear in immediate proximity to the reproduction or in the section within the publication devoted to acknowledgements. For television broadcast, film, video, DVDs, documentaries, etc., the caption must be included with the listing of other “sources” and in an accompanying manual. Crediting of each work of art is necessary in all cases. For electronic uses, the credit line and copyright notice, if applicable, must appear with the image.
1. Applicant shall promptly notify the Carter in writing of any claim arising out of applicant's use, distribution or sale of products embodying the image(s), including but not limited to claims of infringement or regarding rights of privacy or publicity. Applicant shall defend, indemnify, and hold harmless the Carter and its subsidiaries and affiliates against any claims, losses, suits, liabilities, damages, costs, and expenses, including, without limitation, attorneys' fees and costs, arising from, directly or indirectly, any claims of copyright infringement or any other violation of the intellectual property rights, publicity rights, privacy rights, or rights protected under the Visual Artists Rights Act of 1990, asserted by any party.
1. Permission to reproduce is premised and conditioned upon payment of all applicable fees within thirty (30) days of receipt of the relevant invoice and may not be deferred until the date of publication. Fees are based on the images sent out by request and are not conditioned on whether the images are used in a publication. Failure to pay the required fees means that permission has not been granted. Confirmation of received payment, together with the executed contract, constitute permission for reproduction. Images will not be released until payment has been received. Fees are formulated by the Carter in its sole discretion and apply solely to the specific application upon which they are based and will not serve as future precedent.
2. Payment can be made by check, credit card, or wire transfer in U.S. currency. Checks must be made payable to the Amon Carter Museum of American Art. Fees cover new photography, usage, materials, shipping and handling costs and are not copyright permission and/or royalty fees.