Image Permissions and Publishing Rights
A quick summary or TLDR:- Don't use any materials for commercial use without written permission.
- Commercial use of materials may involve reproduction or publishing fees.
- "Fair Use" of Archive materials is OK. You may need to work with the copyright holder though.
- Be respectful of historical materials. These are real people with families who still live here.
- Need to get something removed? Or have any questions? Please email us at [email protected] or fill out this form.
- We're a volunteer-run operation, so keep that in mind if you are in a rush or if everything isn't perfect.
Legal Terms and Conditions
Terms of Use
The Nevada County Historical Society provides this website and web-based services ("Archive Services”) that allows visitors to learn more about Nevada County’s history and to access historical records, documents, photographs, videos and maps (“Archive Content or Archive Materials”) over the internet on certain computers and other devices. By accessing the Nevada County Historical Archive, you agree not to use any archive materials for commercial use without written permission of the Nevada County Historical Society or the holder of the materials. You also agree to the Nevada County Historical Archive's Terms of Use.Use of Archive Materials
We encourage researchers to use materials in our collections that are in the public domain, and to make fair use of copyright materials as defined by copyright law. The majority of the Archive’s materials are still within copyright, specifically all unpublished photographs, documents, materials and maps. While the libraries own the physical objects in its collections, in some cases the Society or its partners do not own the intellectual content. We cannot grant or deny permission to publish or distribute material whose copyright we do not hold, or materials deemed to be in the public domain. Please note that copyright law protects published as well as unpublished materials. Materials, and images of them, may be protected by copyright, trademark, privacy, publicity rights, or other interests not owned by the Society or its partners.In obtaining any digital file or reproduction from the Archive, the responsibility for determining the rights status of materials, making an independent legal assessment of an item, and securing any necessary permissions ultimately rests with any person intending to use an item. Users are also responsible for obtaining all required permissions from copyright holders, and other rights holders, before publishing, distributing, or in any other way using a protected item beyond that allowed by Fair Use. The Society or its partners will try to provide users with information regarding the holders of copyright for materials in their collections. Please note that often this information is not on file and we do not have the resources to conduct copyright research for patrons. In such cases, it is the user’s responsibility to attempt to locate the copyright holder.
We cannot guarantee the accuracy of any rights holder information, and shall not be responsible for any inaccurate information. Approved requests to copy the Archive’s materials, where the Nevada County Historical Society or the Nevada County Library is the clear copyright holder, constitute an agreement that permission is granted for one-time, non-exclusive, worldwide use of an image, document or item in all languages, in any media, for the life of the title, as well as use in advertising and promotional materials. This does not imply permission for any derivative products or productions. Permissions for materials that the Society or its partners hold copyright over are not transferable.
UNAUTHORIZED PUBLISHING OR RESALE OF ANY IMAGE OR MATERIAL THAT THE ARCHIVE HOLDS COPYRIGHT OVER IS PROHIBITED AND WILL BE PROSECUTED TO THE FULL EXTENT OF THE LAW.
Copyright and Conditions of Use
The copyright law of the United States (Title 17 United States Code) governs the making of reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a reproduction. One of these specified conditions is that the reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a researcher uses a reproduction for purposes in excess of “fair use,” that researcher may be liable for copyright infringement.Privacy and Publicity Rights
The user is solely responsible for addressing issues of privacy and publicity rights related to the use of the Society’s materials. Fair use is not a defense for violating privacy or publicity rights as the rights of privacy and publicity are distinct from copyright. Copyright laws protect the copyright owner’s property rights in the work, but privacy and publicity rights protect the interests of the individuals who are the subject of the work. While a person’s right to privacy usually ends with his or her death, it should be noted that publicity rights associated with any commercial value of that person’s name or image or likeness, continues after their death. Unlike copyright, which is subject to the Copyright Act of 1976, privacy and publicity rights are subject to state laws.Disclaimer
In receiving any digital file or reproduction from the Archive’s holdings, the user assumes all responsibility for infringement of copyright or other rights in the use of the material. The Society or its partners make no warranties or representations and assumes no responsibility whatsoever for any claims against the applicant or the Archive by artists, their agents, estates, or by any parties in connection with the reproduction of items in the collections of the Archive.Attribution
The name of the Nevada County Historical Archive must not be used in any manner that incorrectly implies any sponsorship or endorsement by the Nevada County Historical Society or the Nevada County Library. When you use reproductions from the Archive’s collections, you must acknowledge the "Nevada County Historical Archive" as the source of the material.Copyright or Privacy Takedown Notice
If you are a rights holder and find unattributed materials, or you are concerned that you have found sensitive material for which you have not granted permission, or if you would like to request that an item be removed from the Archive due to privacy concerns, please email us at [email protected] or fill out this form.To help us identify the items(s) in question, please provide the following:
- Your relationship to the copyright holder (including if you are the copyright holder).
- The items with which you are concerned. Please provide the title, call number, and the URL.
- Your concerns or questions regarding the copyright or sensitive information.
- Your contact information (including name, email, and phone number).