Breckenridge History charges a per digital object Processing Fee in order to support the preservation and maintenance of Breckenridge History’s collections.
All requests are subject to the applicable donation terms, U.S. Copyright and/or other laws. Permission to use the digital object is subject to review and approval by Breckenridge History. Breckenridge History reserves the right to charge a Use Fee.
All fees are in U.S. dollars and must be paid in advance before work will proceed. Every effort will be made to complete your request in a timely manner.
COPYRIGHT AND PRIVACY RESTRICTIONS
Copyright: The Copyright Law of the United States (Title 17, United States Code, “U.S. Copyright”) governs the creation of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, archives and libraries are authorized to furnish a photocopy or reproduction. One of these conditions is that the photocopy or 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. The Archives reserves the right to refuse a copying order if, in its sole and absolute discretion, fulfillment of that order would violate U.S. Copyright and/or other laws.
Privacy: An individual depicted in a reproduction has privacy rights under certain federal and state laws. The Archives reserves the right to require a release from individuals whose privacy may be violated by the reproduction of an image or photo containing their name or likeness. The Archives extends the rights of privacy to include ceremonial objects and rites of Indigenous Peoples and may require the permission of the community’s cultural office before releasing reproductions.
Note: Breckenridge History may not own copyright to items in its collections. These materials have been made available for education and research use only in accordance with U.S. Copyright (Section 108). You are legally liable for complying with the U.S. Copyright and other laws and assume responsibility for any use of these materials that violate any applicable laws.
CONDITIONS ON REPRODUCTION AND USE
The following conditions apply unless specified in writing by Breckenridge History Archives (the Archives).
- Possession of reproductions does not constitute permission to use them. Permission is limited to the requestor and is non-transferable.
- Permission is granted for one-time/one-project use only* and only for the expressed purpose described in the Digital Object Request and Usage Form. This permission is non-exclusive; Breckenridge History reserves the right to allow others to reproduce any and all items in its collections.
- Any subsequent use (including subsequent editions or formats) constitutes reuse and must be applied for in writing to the Archives. The user is fully responsible for all applicable fines and penalties for each unauthorized reproduction and/or violation of law.
- The Archives reserves the right to refuse reproduction of any and all items in its collections if it feels that fulfillment of that request would violate U.S. Copyright or other laws. The Archives further reserves the right to refuse reproduction requests, and/or to impose conditions on its usage approval, as it may deem advisable in its sole and absolute discretion in the best interests of Breckenridge History.
- In addition to the permission of the Archives, additional permissions may be required. If copyright is still in effect, written permission must be secured by the requestor from the creator of the original work, the creator’s agent, and/or from the current copyright holder, as applicable, and provided to the Archives before a reproduction will be released.
- Breckenridge History assumes no responsibility for infraction of U.S. Copyright or other laws, invasion of privacy or any other improper or illegal use that may arise from reproduction of any digital object. In all instances, the requestor agrees to hold Breckenridge History harmless against any and all claims arising or resulting from use of any image and shall indemnify Breckenridge History for any and all costs and damages arising or resulting from any such unauthorized or illegal use or misappropriation.
- Images may be cropped to suit design and layout, but they may not be altered, colorized, or drawn upon without a written letter of permission from the Archives, in addition to the Archives’ approval of the Digital Object Request and Usage Form.
- Audiovisual Material may be edited to suit television/film production or radio broadcast time constraints. Edited material may not be altered/manipulated to represent content out of context.
- All reproductions must include the appropriate credit, and any existing copyright notices in an image shall not be removed or cropped. Credit must be given to Breckenridge History (specifically, as “Collection name. Breckenridge History, Colorado”), and, as applicable, the creator of the original work, the creator’s agent, or the current copyright holder. The Archives may also require the item title, identification number, or donor appear in the credit, if applicable. Credit must appear on or below the image, or in a designated credit section. For web uses, providing credits via hover-view only is not acceptable. When collection items are reproduced online, Breckenridge History requests a link back to its website: breckhistory.org.
- In some cases, the Archives will request that a copy of the finished product be donated to Breckenridge History. All expenses for shipping and handling are to be borne by the requestor.
- The Archives reserves the right to decline permission to requestors who have not complied with these conditions or whose use is deemed inappropriate or illegal.
*For those works in the Public Domain, a one-time per-image Processing Fee applies, but there are no reproduction limits.