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· Procedures that govern the use of photographs
in the Shenandoah National Park Archives are fully described in the National
Park Service Museum Handbook (U.S. Government Printing Office, 2000).
· Cotton gloves must be worn when handling photographs.
· Scanners, portable photocopiers, and cameras
(including digital cameras) are not permitted in the reading room.
· Most photographic records in the archives are
available for public research. However, some photographs have had access
or use restrictions placed on them by their donors as part of the deed
of gift. Also, photographic records that pertain to archeological sites
and excavations are restricted by law.
· Public access to and use of photographs are tempered
by federal and state laws that pertain to copyright, privacy, publicity,
defamation, obscenity, and cultural sensitivities (Indian sacred sites).
· Many of the images in the archives are of unidentified
individuals, or the photographer is unknown, or the source of the photograph
is not documented. Nevertheless, it is the responsibility of the researcher
to make a good faith effort to identify the copyright owner and the persons
photographed to obtain their permissions to use an image.
· Federal and state privacy laws prevent the National
Park Service from making available to researchers photographic images
that include identifiable children, unless the child has given his/her
consent.
· Copyright protection for photographs (17 USC
101 et seq):
-Works created before 1978 are protected for the life of the creator plus
70 years, or until December 31, 2002 (whichever is longer);
- Works created in 1978 and after are protected for the life of the photographer
plus 70 years;
- Heirs of the photographer own the copyright for 70 years after the photographer's
death;
- Works created by persons who died before 1929 are no longer protected;
- If the photographer's death date is unknown, the work is protected for
120 years from the date of creation, or until December 31, 2047 (whichever
is longer)
· Photocopies of photographs can be provided under
the fair use exception to copyright protection. Fair use includes:
- non-profit teaching
- private study, scholarship, or research
- satire or parody
- news reporting
The National Park Services reserves the right to refuse photocopy reproduction
requests that appear to be beyond the boundaries of fair use.
· Publication copies of photographs will be made
by the archives staff using digital scanning technology. The cost of an
initial scan is $8.00 per image. Subsequent copies produced from an existing
scan are $4.00 each. This service includes a digital file (TIFF) with
a resolution (300 DPI) that is suitable for publication purposes, or a
computer-generated print made from the digital file on matte or glossy
finish paper. No cropping or other manipulation will be made to the original
image when it is being scanned. Digital files will be provided on IBM-formatted
4¼" diskette, Iomega zip disk ($10 surcharge), as an FTP file, or as an
attachment to email. For requests for high resolution images (i.e., resolutions
above 300 DPI) or for other file formats (such as JPEG, BMP, etc), please
inquire.
· Only images are available for scanning. Optical
character recognition (OCR) of textual material is not available.
· The provision of a copy by the National Park
Service does not imply the image is in the public domain.
· The provision of a copy by the National Park
Service does not authorize publication (including use on the Internet),
exhibition, distribution, resale, performance, reproduction, or the production
of derivative works. Permission for such use of an image must be obtained
in writing from the copyright holders.
· The preferred citation for photographs is: National
Park Service, Shenandoah National Park Archives, and name of collection.
Also include the name of the photographer, if known.
· As the researcher of these materials, you are
responsible for all lawsuits, civil actions, or related actions, including
lawyers and court costs, arising out of inappropriate use of copies provided
by the National Park Service.
Extracted from National Park Service Museum Handbook,
3 vols. (Washington, D.C.: 1990-2000)
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