Rights & Reproductions
The Brandywine River Museum of Art has over 3,000 works in its permanent collection and offers photographic material for both commercial and non-commercial uses. Permission to use this material must be obtained through the Rights and Reproductions Office. Permission is granted for one-time, non-exclusive North American reproduction rights in one edition and one language only. Applications for revised editions, subsequent editions, additional languages, worldwide rights and/or larger print runs will incur additional fees.
Many works of art in the museum's collection may be copyrighted by the artists, their heirs or foundations holding the rights to those works. Without permission from the copyright holder, such works may not be used in any form. Prior to requesting images, permission from the copyright holder must be obtained and submitted in writing along with the application and payment. Without this permission, the Brandywine River Museum of Art will not release photography. For additional information about U.S. Copyright Law, please visit www.copyright.gov.
Terms & Conditions
The following terms and conditions govern the reproduction of works of art in the collection of the Brandywine River Museum of Art (hereafter referred to as the "Museum" or of photographic materials from the Brandywine River Museum of Art's photographic archives.
- Permission is granted for one time, non-exclusive use only, in one publication, one edition, one format, and one language. Additional formats, language editions and subsequent revised editions will be considered upon application. Photographic materials may not be re-issued without the written permission of the Museum. Under no circumstances may color transparencies be duplicated or digitized. An exception may be made if the image is to be digitized as part of a Brandywine River Museum approved reproduction process, in which case it may be digitized for one use only and the digital file must be destroyed after use.
- The images(s) may not be cropped, bled, or overprinted and nothing may be superimposed on the reproduction(s). A specific detail must be approved in advance by the Museum, and the word "detail" must appear in the caption. In film or videotape format, each image is to appear in its entirety; only following such full images may details be shown. Reproduction(s) must be full tone, black and white, or full color, and must be printed on white stock. Digital scans may not be altered in any way and must appear as scanned onto the CD. The Borrower may not duplicate the transparency/electronic file for future use.
- In order to assure faithful reproductions, a color/b&w proof and layout must be approved in writing by the Museum before reproduction.
- Unless specifically stated by the Museum, permission from the Museum to use photographic materials does not constitute a release of copyright. Such release must be obtained from the copyright holder, and evidence of such permission, unless the image is in the public domain, must be presented to the Museum before photographic materials will be released. If such evidence is not forthcoming, the Museum may withhold image(s). The applicant is responsible for any copyright infringement related to this application.
- The complete credit line as specified by the Museum must appear on the same page as the reproduction, or on the opposite page, or on the reverse. If the Museum's reproduction(s) is the only one(s) in this publication to be accompanied by a full credit line in one of the above stated locations, then the applicant may list only the artist's name, title of work, and date. In such a case, however, the complete credit line must appear elsewhere within the publication. In film or videotape format, the complete credit line may be listed with other credits.
- The Museum assumes no responsibility for royalties or fees claimed by an artist or other third party.
- All photographic materials must be returned by due date stated on page 1. The borrower will forfeit the deposit if the materials borrowed are not returned within seven business days of the due date stated on the signed application. Digital scans are to be returned to the museum and any saved files of this image must be deleted.
- The publisher shall provide the Museum, without charge, two copies of the publication or film or videotape recording in which the reproduction appears. At the Museum's request, additional free copies shall be provided to owners of works being reproduced. All such copies shall be sent to the attention of the Assistant Registrar at the Museum. Borrowers will forfeit the deposit if the copies of the publication are not received within thirty days of publication date.
- The following requirements, in addition to the above, are made of publishers who make reproductions for sale as individual reproductions or as reproductions in a set: Brandywine River Museum shall be paid 5% of the wholesale price of reproductions sold, with the option of taking such payment in reproductions valued at their wholesale price. In the case of large color reproductions, 25 free copies shall be given to the Museum with additional reproductions to be sold to the Museum at a discount of 50% plus 40%.
- This permission hereby granted terminates immediately upon publication of the image as specified herein.
- Black and white prints may be purchased by individuals and educational or research institutions for study purposes only. Such prints may not be duplicated in any manner.
- Brandywine River Museum of Art grants no exclusive rights to any publisher, author, or photographer and assumes no responsibility for duplication of subjects by others or any responsibility for claims by third parties.
- A written request for variation from the above terms and conditions must be submitted if the applicant is unable to comply with any of them.
- All fees due to the Museum under the terms of this application shall be paid before any photographic materials are provided to the applicant.
- Failure to comply with all Terms & Conditions will result in the forfeit of the deposit. Borrowers in absolute compliance with all Terms & Conditions will receive the deposit in full.
- Any unauthorized use of images from or provided by the Brandywine River Museum of Art will result in additional charges at the Museum's discretion and may result in the denial of future requests for the use of images.