Electronic Media or Television/Film/Video

Rights and Reproduction of Electronic Media or Television/Film/Video for the Santa Barbara Museum of Art:

Terms Governing Electronic Reproduction or Publication of Images from the Santa Barbara Museum of Art Collections or Grounds
 

1. Written permission must be obtained from the Santa Barbara Museum of Art to reproduce or publish Images from or of SBMA's collections or grounds.
    
2. Certain works of art as well as photographs of these works, may be protected by copyright, trademark or related interests not owned by SBMA. Applicant must secure permission from the artist or his agent, or from an organization representing the rights of the artist.SBMA assumes no responsibility for any royalties or fees claimed by the artist or an organization representing the rights of the artist.
    
3. Applicant shall obtain all necessary copyrights and other licenses or permissions needed for use of the Image. To the extent permitted by law, Applicant shall indemnify SBMA, its directors, officers, agents, subcontractors, employees, successors and assigns (collectively, the "Indemnitees"), and shall defend and hold each Indemnitee harmless from and against any and all liabilities, losses, damages settlements, claims, actions, suits, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) incurred by any Indemnitee, relating to, arising from, or occurring as a result of the failure by Applicant to secure such permission.
    
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. SBMA 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 SBMA without SBMA's prior written approval. Any duplicates are the property of SBMA and will be immediately provided to SBMA by Applicant. Applicant will employ technology that will prevent copying of the Image(s) from the digital Production and will prosecute infringement.
    
6. Payment in advance is required. Fees are non-refundable under any circumstances. See fee schedule page.
    
7. 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 SBMA.
    
8. 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 SBMA'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.
    
9. Digital images must be destroyed upon the publication of the project. Transparencies are rented on a 4-month term basis and must be returned at the conclusion of such period. At the discretion of SBMA, additional fees may be charged for lost or damaged transparencies.
    
10. Applicant will send one (1) gratis copy of the publication to the Santa Barbara Museum of Art. If the image is used in an electronic, video or website format, SBMA must receive a disk or tape showing usage.
11. SBMA reserves the right to rescind this agreement at any time upon failure of the applicant or publisher to comply with any section listed above.