Terms and Conditions of Use of Still Images, Records and Documents

Non-exclusive License

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

Use of the Image(s)

  • The Applicant shall use the Image(s) only in accordance with the terms and conditions set out in this agreement.
  • The Applicant shall use the Image(s) only for the purposes and in the manner described by the Applicant in the application sections of this agreement.
  • The Applicant shall not use the Image(s) 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.
  • If the Applicant is using any Image(s) for a website, such Image(s) must be scanned at a resolution not higher than 72 dpi.

Term of License

  • If the Image(s) provided to the Applicant are to be used for print publication, electronic publication (including accessible versions), or advertising, then the term of this License is for five-years from the publication date on this application. At the end of this five-year term, the Applicant must re-apply for permission from the Royal BC Museum Corporation. Subsequent use of the Image(s) (other than for the purpose first negotiated for the five-year term), i.e. re-sales or in spin-off or related products (e.g. home videos, CD-ROMs, DVDs, other new media uses, companion books, etc.) must be negotiated separately with the Royal BC Museum Corporation; additional fees will be levied accordingly.
  • If the Image(s) provided to the Applicant are to be used in a film or video, then the term of this license for using the Image(s) is for 10-years from the effective date of this application. The Applicant may broadcast the film or video 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.
  • If the Image(s) provided to the Applicant are to be used on a website, in an exhibit or a display, then the term of this license for using the Image(s) is for 10-years from the effective date of this application. All requests for in perpetuity rights are negotiated separately with the Royal BC Museum Corporation; additional fees will be levied accordingly.

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 Image(s).
  • 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 Image(s) as the Applicant intends and, if so, to obtain that permission.
  • The Applicant shall not alter the Image(s) in any way in its use of them, without the written permission from the Royal BC Museum Corporation.

Compliance with Laws

The Applicant shall comply with all applicable laws of British Columbia, Canada and any foreign country to which its use of the Image(s) 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 Images(s) 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 Image(s).

Credits

The Applicant shall use the following credit line for each Image it uses:

“Image _________ courtesy of the Royal BC Museum and Archives”

The Applicant shall place the credit line in the applicable location:

  • Published Materials: the credit line shall be on the same page or the page facing the Image or on a separate photo credits page. Each image must be credited and include a call number or catalogue number from the Royal BC Museum Corporation.
  • Films, Filmstrips and Video Presentations: the credit line shall be located in the program tail credits.
  • Exhibitions: the credit shall be located in the exhibition area either directly below or adjacent to the Image.
  • Web use: the credit shall be located either adjacent to the image or in a “Sources of Illustrations/Images” section.

Copy to be provided to the Royal BC Museum Corporation

The Applicant shall provide to the Royal BC Museum Corporation, at no charge, one copy of each publication in which any of the Image(s) appears. This does not apply to films or videos.

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.
  • Time is of the essence in this agreement.
  • 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 has provided the Applicant with one or more Images.

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@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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