Terms and Conditions of Use of Sound Recordings and Moving Image Material

Definitions

In this agreement, the following words have the meanings set out below:

  • “Commercial Use” means a use for the purpose of making a profit;
  • “Broadcast” means the public showing of a film, video, TV show, documentary, or other show;

Non-exclusive License

The Royal BC Museum Corporation grants to the Applicant a non-exclusive license to use the Sound Recording(s) or Moving Image Material in accordance with the terms and conditions set out in this agreement.

Use of the Sound Recordings and Moving Image Material

  • The Applicant shall use the Sound Recording(s) or Moving Image Material only in accordance with the terms and conditions set out in this agreement.
  • The Applicant shall use the Sound Recording(s) or Moving Image Material only for the purposes and in the manner described by the Applicant in the application sections of this agreement and shall ensure that anyone to whom the Applicant gives the Sound Recording(s) or Moving Image Material or any copy of the Sound Recording(s) or Moving Image Material does not use them for any purpose other than as set out in this agreement.
  • The Applicant shall not use the Sound Recording(s) or Moving Image Material in any manner which could adversely affect the reputation of the Royal BC Museum Corporation, as determined by the Royal BC Museum Corporation in its absolute discretion.

Term of License

  • Broadcast – If the Applicant uses the Sound Recording(s) or Moving Image Material for Commercial Use, then the term of this License is for 10-years from the date that the Applicant first uses the Sound Recording(s) or Moving Image Material in a completed production. The Applicant may broadcast the Sound Recording(s) or Moving Image Material throughout the world, in any language, during the term. At the end of this 10-year term, the Applicant must re-apply for permission from the Royal BC Museum Corporation. These rights are limited to inclusion in one original program. Re-packaging or re-editing of the original program is not included. All requests for in perpetuity rights and/or requests for all media rights are negotiated separately with the Royal BC Museum Corporation; additional fees will be levied accordingly.
  • Non-Broadcast – If the Applicant uses the Sound Recording(s) or Moving Image Material other than for Commercial Use, then the term of this License is indefinite. The Applicant may broadcast the Sound Recording(s) or Moving Image Material throughout the world, in any language, during the term. These rights are limited to inclusion in one original program. Re-packaging or re-editing of the original program is not included.

No Representations as to Copyright and Moral Rights

  • The Royal BC Museum Corporation represents that it has the right to enter into this agreement.
  • Notwithstanding the above, the Royal BC Museum Corporation does not represent that it holds the copyright or moral rights in the Sound Recording(s) or Moving Image Material.
  • It is the sole responsibility of the Applicant to determine whether it needs to obtain the permission of anyone in addition to the Royal BC Museum Corporation in order to use the Sound Recording(s) or Moving Image Material as the Applicant intends and, if so, to obtain that permission.

Compliance with Laws

The Applicant shall comply with all applicable laws of BC, Canada and any foreign country to which its use of the Sound Recording(s) or Moving Image Material is subject.

Indemnity

The Applicant hereby holds harmless the Royal BC Museum Corporation, its officers, employees and agents from any and all claims arising or resulting from the use of the Sound Recording(s) or Moving Image Material and indemnifies the Royal BC Museum Corporation, its officers, employers and agents from any and all claims, damages, costs, expenses and liability arising from the use of the Sound Recording(s) or Moving Image Material.

Credits

If the Applicant uses the Sound Recording(s) or Moving Image Material in a Production, the Applicant shall place the following credit line (including the call number) in the Production tail credits:

“Royal BC Museum and Archives”

General

  • The Royal BC Museum Corporation grants no rights and makes no representations other than those set out in this agreement.
  • The Applicant may not assign this agreement or any of the rights in it and may not sub-license any of the rights under the agreement.
  • This agreement is governed by and is to be construed in accordance with the laws of British Columbia.
  • A waiver of any term of this agreement or of any breach by the Applicant of this agreement is effective only if it is in writing and signed by the Royal BC Museum Corporation and is not a waiver of any other term or any other breach.

When this Agreement comes into Effect

This agreement comes into effect when the Applicant has completed the application sections of this agreement and provided it to the Royal BC Museum Corporation and paid the use fee and any other fees required by the Royal BC Museum Corporation and the Royal BC Museum Corporation had provided the Applicant with one or more Sound Recording(s) or Moving Image Material.

Questions?

Please contact the Permissions and Licensing Office
Phone: 250-356-0138 or Toll Free: 1-866-356-0138
Mail: BC Archives, 675 Belleville Street, Victoria BC, V8W 9W2, CANADA
Fax: 250-387-2072
Email: access@old.royalbcmuseum.bc.ca

*The personal information on this form is collected under the Museum Act (SBC 2003, c. 12) and will be used for documenting the use of archival or library material. If you have any questions about your privacy, please contact the Information and Privacy Officer at 250-356-7457.

#27150-20 / #MSBD324

 

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