Terms Governing Electronic Reproduction or Publication of Images from the J. Paul Getty Museum Collections or Grounds
1. Written permission must be obtained from the J. Paul Getty Museum, an operating program of the J. Paul Getty Trust ("the Getty") to reproduce or publish images ("the Image(s)") from or of the Getty's collections or grounds. The Getty will not permit reproduction for advertising or promotional purposes.
2. Objects appearing in the Images, even if such objects are owned by the Getty, may be protected by copyright, publication rights, or related interests that are not owned by the Getty. The Getty is not giving permission to exploit any third party rights. The Applicant will ascertain whether any such rights exist, pay any royalties or fees claimed by any third party and obtain all other permission required to carry out Applicant's activities without infringing the proprietary rights of, breaching a duty to, or breaching an agreement with, any third party.
3. Unless otherwise indicated, permission is granted only for one Production in one language. Additional language versions, works including subtitles, and other derivative works based on the Production must be separately licensed.
4. The permission and license granted herein is for the Production only. Applicant may only make analog or digital copies as absolutely necessary in intermediate process steps to the creation of a video, film, CD-ROM, DVD, electronic publication, or Web site. The Getty does not otherwise grant permission to reproduce or process any Image(s) in any digital format, and such permission must be separately obtained in writing.
5. Duplicates may not be made of the Images supplied by the Getty without the Getty's prior written approval. Any duplicates are the property of the Getty and will be immediately provided to the Getty by Applicant. Applicant will employ technology that will prevent copying of the Image(s) from the digital Production and will prosecute infringement.
6. Each Image that appears in the Production must be unaltered and must be included in its entirety, and nothing may be superimposed on the Image unless approved in writing by the Getty. The size of an Image provided for Web and other electronic uses may not be reduced by more than 60%. If a reduction of 60% or more is required, another smaller image must be requested. These Images may not be enlarged.
7. Except as described below, full identification of the Image(s), the credit line and any copyright notice that is provided to you with the Image(s) must appear adjacent to the Image(s). If the Getty's Image(s) would be the only one(s) in the Production giving the full information in this location, then the information must be included in the credits.
8. The Getty reserves the right to limit the number of reproductions of Getty-owned property in any single Production if it appears that their number is disproportionate in relation to those from other sources.
9. No license or permission granted pursuant to this Application may be assigned by Applicant. This Application and any attached and cross-referenced pages sets forth the entire agreement of the Getty and Applicant regarding the Image(s) identified in this Application, and supercedes all prior promises, representations, or statements of any kind, whether written or oral. This Application may only be modified in writing signed by an authorized representative of the Getty and expressly stating its intention to modify this Application. This Application will be governed by the law of the State of California without regard to its conflicts of laws principles. All litigation arising under or relating to this Application will be filed and prosecuted in any court of competent subject matter jurisdiction in the City of Los Angeles, California. Applicant consents to the personal jurisdiction of such courts for such purpose.
10. The reproduction permission granted hereby is limited to a non-exclusive reproduction license solely on the terms set forth herein. The Getty retains all copyright ownership and all rights to exploit its copyrights where applicable. All rights not expressly granted herein are reserved to the Getty. If reproduction is to be made from materials depicting the Getty's property, but not supplied by the Getty, the Getty reserves the right to approve these materials.
11. Applicant will obtain the Getty's prior written approval of final presentation of the Image(s) prior to general distribution of the Production if required by the Getty. Such approval will not be unreasonably withheld, and will be based upon the presentation of the image as regards color, cropping, identification, credit, placement with other images, etc.
12. Applicant will defend, indemnify, and hold the Getty harmless from all claims, causes and allegations (whether threatened or pending), costs, fees and expenses (including reasonable attorneys' fees), awards, judgments, damages, losses and liabilities arising from or relating to any breach of this Application by Applicant or the officers, directors, shareholders, employees, agents, representatives, contractors and subcontractors of Applicant, including, without limitation, any claim, cause, or allegation asserted by a third party against the Getty based entirely or in part on Applicant's exploitation of the Image(s) licensed hereunder.
13. The Getty reserves the right to revoke the permission and license granted herein at any time if the Getty is requested to do so by a third-party rights holder in the Images.
14. Applicant will send one (1) gratis copy of the Production to the Assistant Registrar for Rights and Reproductions, the J. Paul Getty Museum.