The Thomas Gilcrease Institute of American History and Art (a/k/a Gilcrease Museum) has available or will produce photographic materials suitable for reproduction in black and white or color of the objects in its collections. All of the reproducible items are protected by copyright, permission to reproduce being conditioned on agreement to honor any such copyrights and payment of fees prior to publication. Reproduction is permitted only from materials supplied by the Gilcrease Museum’s Department of Rights and Reproductions. Requests for photographic materials must be received in writing.
Failure to pay the required fees will result in denial of permission. Disregard of the conditions of permission may subject those reproducing, selling or displaying copies to suit for copyright infringement. Permission to reproduce is only granted after formal submission of Permission Form TUL 4543 — A, available through the Department of Rights and Reproductions.
Reproduction of black and white photographs previously obtained through the museum is permitted only when the Applicant can provide the Department of Rights and Reproductions with appropriate proof that the photograph was supplied by the Museum. Such proof may be a photocopy of the identifying information on the reverse side of the photograph or a photocopy of the previous purchase correspondence.
Reproduction from color separations previously made from color transparencies obtained from the Museum is permitted only when the Applicant can submit an accurate color proof for approval. Color corrections will be provided for poor quality proofs whenever possible. If proper correction cannot be obtained, rental of a new transparency will be required.
Application to reproduce works of art in these categories will be discussed with the Museum Shop Director, and a fee schedule will be determined either via payment of a one-time reproduction fee, and/or a negotiation of a contract for royalty payments to the Museum. If the Museum Shop wishes to distribute the commercial product, the Applicant may be required to deposit a number of free copies for re-sale in the Museum Shop as part of the negotiated reproduction fee or royalty contract.
The Museum in its sole discretion reserves the right to deny permission to any Applicant whose product is not acceptable to the Museum for any reason.
Many of the photographic materials available for reproduction are original reproductions of works in the Museum’s collection and are themselves protected by copyright. Such works are identified by copyright noticed in the name of the Museum. As a condition of permission to reproduce the work, agreement is required that the notice will not be removed or altered on the copies produced and that any unauthorized reproduction will be reported to the Museum. Failure to adhere to the conditions may subject the applicant to a claim of copyright infringement and/or breach of contract.
1.
All requests for permission to reproduce an image for publication must be made in writing and include the intended use, the publisher, and expected date of publication. Rental and reproduction fees are payable in advance, whether or not the image is used. If the work is not used, the use fees may be refunded upon receipt of a written request, provided the rental time is within the guidelines.
2.
Permission to reproduce and the fees payable cover one-time use, in one edition and in one language. Additional language editions, subsequent editions, and any related promotional use must be considered as separate requests and will require additional fees and a new written application. Exclusive rights are not granted to any publisher. Reproduction is permitted only from materials supplied by photographic materials or from photographic materials not supplied by the Museum is strictly prohibited.
3.
Any unauthorized use by any person or entity, for any reason, will render the Applicant responsible and liable to the Museum for appropriate compensation and other costs, regardless of whether the Applicant has profited or is responsible for such use. Applicant agrees to take all due care to protect the materials from unauthorized use by any person or entity.
4.
The curatorial staff of the museum in its sole discretion reserves the right to refuse permission if in its opinion the application is not appropriate for the collection or if acceptable standards of reproduction and care of the Museum’s objects have not been obtained.
5.
No cropping is allowed in the painted area of the picture or the outline of a sculpture, and the area within the border of a photograph or a graphic work, including inscriptions, may not be cut down or masked out. In any event, copyright notice may not be cropped or obscured in any way.
6.
Reproductions my not run off the edge of the paper.
7.
No image or typed matter may be printed on colored paper and must remain in the color obtained from transparencies supplied by Gilcrease Museum.
8.
Reproductions may not be printed on colored paper and must remain in the color obtained from transparencies supplied by Gilcrease Museum.
9.
Applications to reproduce a detail of a work will be considered only upon receipt of a marked photograph or photocopy showing the exact area to be used. The work "detail" must appear in the caption with the complete credit line. Under most circumstances, an application for the reproduction of a detail may be approved only if the work is shown in its entirety elsewhere in the publication.
10.
The credit line must include artist, title and the following information: "from the collection of Gilcrease Museum, Tulsa, Oklahoma", unless specifically noted otherwise on contract. The credit line must appear in the appropriate portion of the publication.
11.
Special projects such as notecards, address books, and calendars must be presented to Gilcrease Museum and its Museum Shop for consideration and computation of charges. A mock-up or sample of the publication must accompany the request. Museum Shop has right of refusal.
12.
For color reproductions, color proofs must be submitted and approved by the Museum before printing may proceed. Failure to comply with the corrections indicated on the submitted proof may result in the withdrawal of approval. Reproductions from color separations made from color transparencies previously obtained from Gilcrease Museum are permitted only when the applicant can submit a new and accurate color proof for approval. Color-corrected proofs should be provided for poor quality proofs whenever possible. If proper corrections cannot be obtained, rental of a new transparency will be required.
13.
Gilcrease Museum does not supply black and white or color transparencies to companies or individuals operating a photography rental and/or sales service.
14.
Applicants may not photocopy, make inter-negatives or otherwise duplicate by any means a color transparency or black and white photograph supplied by Gilcrease Museum.
15.
The publisher is to provide Gilcrease Museum with two complete gratis copies of the publication in which the image is reproduced. In the case of a M.A. theses and Ph.D. dissertations, photocopies of the references to the illustration will be acceptable. In the case of primary and secondary level textbooks, tear sheets of the page on which the image is reproduced, as well as the entire article in which the photograph is used and the credit line is given will be acceptable.
16.
Color transparencies remain the property of Gilcrease Museum and must be returned within 90 days. A transparency replacement fee is charged if the transparency is returned in such condition that it cannot be reused. See Fee Schedule for Terms.
17.
The Thomas Gilcrease Institute of American History and Art a/k/a Gilcrease Museum assumes no responsibility for any royalties claimed by the artist or any third parties on his behalf.
18.
Payment is to be made by company check, cashier’s check or money order in U.S. currency only. We are unable to accept credit card payments.
THE MUSEUM GIVES NO EXCLUSIVE RIGHTS TO ANY PUBLISHER, AUTHOR OR PHOTOGRAPHER AND ASSUMES NO RESPONSIBLIITY FOR DUPLICATION OF SUBJECTS BY OTHERS OR ANY RESPONSIBLITY FOR CLAIMS BY THIRD PARTIES.
Requests should be sent to:
Michelle Maxwell
Gilcrease Museum
1400 N. Gilcrease Museum Rd.
Tulsa, OK 74127
918-596-2788, 918-596-2770 (fax)
michelle-maxwell@utulsa.edu
All fees shown below are commercial rates. Nonprofit organizations will be charged at one-half these amounts.
Black and White
8x10 glossy print - $25.00
Slides - $25.00
Color
4x5 color transparency, 90 days rental - only $100.00
Late return - $50.00 per month
Lost or damaged charge - $75.00
USE FEES:
Inside book, journal or magazine:
Up to 10,000 copies - $125.00
Over 10,000 copies - $200.00
Cover of book, journal or magazine - $350.00
Video, film or CD-ROM - $200.00
OTHER USAGE:
Scans and Digital Print
Low resolution via e-mail - $10.00
TIFF File-high quality publication scan - $50.00
Color Proof on CD-ROM - $75.00
Inkjet Color Print (Reference) - $25.00
Website Usage - $100.00
Effective 12/02
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