YALE UNIVERSITY ART GALLERY

THE YALE-VAN RIJN ARCHIVE OF AFRICAN ART

Yale University Art Gallery Websites - Terms, Conditions, Permissions, and Copyright

TERMS OF USE

Terms and Conditions of Use

Yale University, through the Yale University Art Gallery (collectively referred to here as "YUAG") is committed to providing broad access to its collections for teaching, learning, research, and other non-commercial purposes of scholarship. YUAG websites (collectively, the "Websites") provide access to a wide array of text, images and other materials from its collections (the "materials"), along with catalog records, finding aids and other factual information that accompany its collections.

These Terms and Conditions of Use apply to individuals and institutions ("you") visiting the Website. By accessing the Website and/or downloading, printing, distributing or otherwise using or exploiting materials or content on the Website, you hereby agree to comply with the terms and conditions detailed here and to comply with the Library's Permissions and Copyright. The YUAG does not warrant that use of any materials or content displayed on its website will not infringe the rights of third parties.

Privacy Statement

YUAG is committed to protecting the privacy of visitors to its Website. Please visit the following websites to view the Yale University Library's and Yale University’s policy on collection and use of personal information: http://www.library.yale.edu/about/policies/confidentiality.html & http://www.yale.edu/privacy.html.

Trademarks

The Yale University Art Gallery, Yale, Yale University and many of the associated trademarks, service marks, logos and design elements displayed on the Website are owned by Yale University (collectively, the "Trademarks"). The Trademarks may not be used except to provide attribution as specified above. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any trademarks, service marks, logos or design elements displayed on the Website without the express written permission of Yale University or any third party that may own such marks displayed on the Website. Please visit http://www.yale.edu/licensing/.

Disclaimer

YUAG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE’S OPERATION OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE WEBSITE; ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, YUAG HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. YUAG WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE THE WEBSITE, OR ANY MATERIALS OR CONTENT FROM THE WEBSITE, SOLELY AT YOUR OWN RISK. YOU ALSO HEREBY AGREE TO INDEMNIFY YUAG, ITS EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL CLAIMS AND/OR DAMAGES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS' FEES) RESULTING FROM ANY CLAIM BROUGHT BY ANY THIRD PARTY RELATING TO YOUR USE OF THE WEBSITE OR ANY MATERIALS OR CONTENT OBTAINED FROM THE WEBSITE.

External Links Disclaimer and Linking Policy

The Website may include third-party links pertaining to relevant topics, provided for your convenience. YUAG does not control or take responsibility for the content of any off-site pages or linked sites. By providing links to third-party sites, YUAG does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the Website.

YUAG appreciates your use of this site and understands that users may wish to link to the web site. However, YUAG retains the right to require that you remove such a link, which right shall be exercised in YUAG’s sole discretion.

Modification of This Terms of Usef

YUAG reserves the right to change, at any time, in its sole discretion, the Terms of Use under which this site is offered. Your continued use of this site constitutes your agreement to all such terms. You are responsible for reviewing these Terms of Use on a regular basis.

PERMISSIONS AND COPYRIGHT

The Yale University Art Gallery ("YUAG") is committed to providing broad access to its resources for teaching, learning, and research. The YUAG's Websites (collectively, the "Website") and digital images enhance scholarship and promote use of both the digital and the original object. By accessing or otherwise using this Website, you agree to comply with the YUAG's Terms and Conditions and to the following conditions.

The YUAG does not always hold the copyright to the materials on the Website and, in such instances, cannot grant or deny permission to use them. Accordingly, you are solely responsible for determining the copyright status of any materials you may wish to use, to investigate the owner of the copyright, where applicable, and to obtain permission for your intended use when required to do so. In all cases, you must cite the YUAG's website as the source with the appropriate credit line provided below, and, if a particular material is copyrighted, you must cite all copyright information and comply with all other terms or restrictions that may be applicable to that material.

Public Domain and Fair Use

The YUAG welcomes you to use materials in the public domain and to make fair use of copyrighted materials as defined by copyright law.

Public Domain: You do not need to obtain permission to use materials in the public domain. (Cornell University publishes a chart that may help you to identify what is and is not in the public domain in the United States -- http://copyright.cornell.edu/resources/publicdomain.cfm.)

Fair Use: The United States copyright law contains an exception for fair use of copyrighted materials, which includes the use of protected materials for certain purposes of teaching, scholarship, research, criticism, commentary, and news reporting. For guidelines on the fair use exception, please refer to the Website of the United States Copyright Office (http://www.copyright.gov/).

You are solely responsible for determining whether your use is fair and/or whether the material you wish to use is in the Public Domain and for responding to any claims that may arise from your use. By using materials from the YUAG Website, you agree and warrant that your use will not violate the rights of the YUAG or any other person or entity. If you use or reproduce our materials in any format, we ask that the YUAG website always be cited as the source of the material with the appropriate credit line found at the bottom of this page.

Commercial Use

If you wish to use any copyrighted materials or content on the Website for commercial use or any purpose other than fair use as defined by law, you must request and receive prior written permission for your intended use from the copyright holder. (See Researching copyright below for assistance with investigating copyright status and ownership.)

Researching copyright

The copyright holder is usually the author of the material or the author’s heirs or assigns. Copyright to images may be held by the photographer, the photo source (archive, library, museum, private owner), or publisher. The following are resources that may assist your investigation of the copyright status and ownership of the copyrighted material you wish to use:

The WATCH File: The WATCH File (Writers, Artists, and Their Copyright Holders) is a database containing primarily the names and addresses of copyright holders or contact persons for authors and artists whose archives are housed, in whole or in part, in libraries and archives in North America and the United Kingdom -- http://tyler.hrc.utexas.edu/.

U.S. Copyright Office: You can search a public database at the U.S. Copyright Office for copyright information on all works registered with the U.S. Copyright Office after January 1, 1978 -- http://www.copyright.gov/.

Privacy, Publicity, and Third Party Rights

The rights of privacy and publicity are separate and distinct issues from copyright. While copyright laws protect the copyright owner's property rights in the work, privacy and publicity rights protect the interests of the individuals who are the subject of the work. The right of publicity is a person’s right to control, and profit from, the use of his or her name, image and likeness. This means that any use of a person’s name, image or likeness for commercial gain is not permitted without his or her consent. The right of privacy is a person’s right to live outside of the public eye and free from the publicizing of intimate details of his or her life, which means that directing unwanted public attention to a person may give rise to a cause of action. Keep in mind that while a person's right to privacy generally ends with his or her death, publicity rights associated with the commercial value of that person’s name, image, or likeness may continue after their death. For example, many estates and representatives of famous deceased authors, photographers, celebrities, and other well-known figures continue to control and license use of their names and likenesses.

Unlike copyright, which, in the United States, is subject to the federal Copyright Act of 1976, privacy and publicity rights are subject to state laws; hence, what may be permitted in one state may not be permitted in another. Although fair use is a defense to copyright infringement, it is not a defense to claims alleging violation of privacy or publicity rights. Issues pertaining to privacy and publicity may arise when you contemplate the use of the materials in YUAG’s collections. For instance, if you want to download a copyrighted photograph containing the name or likeness of one or more individuals for use in a paper, in addition to determining whether your intended use requires consent from the copyright holder, and, if so, securing the copyright holder’s written permission, you may also need to secure the consent of the people who appear in the photograph in order to comply with state privacy and publicity laws.

There may also be rights to the object depicted in an image that are held by the owner of the object, or previous owners who may retain reproduction rights to the object. In this case, in order to reproduce the image, you may need to secure permission from

  1. the photographer of the image (or the photographer's heirs)
  2. the publisher of the image (if the publisher retained copyright of the image)
  3. the photo source (credited as "courtesy of [private owner/institution]")
  4. the owner of the object
  5. previous owners of the object (listed under Provenance)
  6. the creator of the object (who may retain copyright) (or the creator’s heirs)
  7. any persons depicted in the image (or their heirs)

You are solely responsible for addressing issues of privacy and publicity rights relating to your use of the materials. Because the YUAG’s Website images are vast, it is not in a position to advise you on whether materials you wish to use require third-party permissions.

Contact the YUAG

Whenever possible, the YUAG provides factual information about copyright owners and related matters pertaining to its materials. Please contact the YUAG at the following email address if you have more information about any such material, or, if you are the copyright owner and believe the Website has not properly attributed your work or has used it without your authorization: yalegvr@yale.edu.

Citation

In published reference to a YUAG Website, please use the following citation form:

(complete published source and page or illustration number), in the (name of the YUAG Website), (Website address), (item number in Website) (in parenthesis: date accessed by the user).

for example:

Siegfried Passarge, Adamaua: Bericht über die Expedition des Deutschen Kamerun-Komitees in den Jahren 1893/94, Berlin: Museum für Völkerkunde, 1895, p. 356, in the Yale University Art Gallery-van Rijn Archive of African Art (YVRA), http://yvra.library.yale.edu, No. 00180259 (accessed April 5, 2011).

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