The Thomas Gilcrease Institute of American History and Art (a/k/a Gilcrease Museum) has available or will produce photographic materials suitable for reproduction in black and white or color of the objects in its collections. Many of the reproducible items are protected by copyright, which rests in the artist or the artist’s estate, and not with Gilcrease Museum.
Gilcrease’s permission to produce materials for reproduction is conditioned on your agreement to honor any such copyrights and payment of fees to the copyright holder prior to publication. Reproduction is permitted only from materials supplied by the Gilcrease Museum’s Department of Rights and Reproductions.
All requests for photographic materials must be received in writing using the Gilcrease Museum Rights & Reproduction Request Form.
Reproduction fees are to be made before the order can be filled. Failure to pay the required fees will result in denial of permission. If you fail to seek permission from the copyright holder to reproduce the work, you may be sued for copyright infringement. Permission to reproduce is only granted after formal submission of Permission Form TUL 4543 — A, available through the Department of Rights and Reproductions.
Reproduction of black and white photographs previously obtained through the museum is permitted only when the applicant can provide the Department of Rights and Reproductions with appropriate proof that the photograph was supplied by the Museum. Such proof may be a photocopy of the identifying information on the reverse side of the photograph or a photocopy of the previous purchase correspondence.
Reproduction from color separations previously made from color transparencies and all other forms of media obtained from the Museum is permitted only when the Applicant can submit an accurate color proof to the Curator of Art or Photographer for approval. Color corrections will be provided for poor quality proofs whenever possible. If proper correction cannot be obtained, rental of a new transparency or image of equal quality will be required.
Reproduction in advertising, or in a promotional context, or as an integral part of the commercial product.
Application to reproduce works of art in these categories must be cleared by Rights and Reproduction personnel and a fee schedule will be determined either via payment of a one-time reproduction fee, and/or a negotiation of a contract for royalty payments to the Museum. If the Museum Shop wishes to distribute the commercial product, the Applicant may be required to deposit a number of free copies for re-sale in the Museum Shop as part of the negotiated reproduction fee or royalty contract.
The Museum, in its sole discretion, reserves the right to deny permission at any point in the reproduction process to any Applicant whose product is not acceptable to the Museum for any reason.
Copyright and museum-generated materials
Many of the photographic materials available for reproduction are original reproductions of works in the Museum’s collection and are themselves protected by copyright. Such works are identified by copyright noticed in the name of the Museum. The copyright notice must not be removed or altered on the copies produced. Any unauthorized reproduction will be reported to the Museum. Failure to adhere to these conditions may subject the applicant to a claim of copyright infringement and/or breach of contract.
Standard conditions for reproduction:
All requests for permission to reproduce an image for publication must be made in writing and include the intended use, the publisher, and expected date of publication. Rental and reproduction fees are payable in advance, whether or not the image is used. Fees are non-refundable.
Permission to reproduce and the fees payable cover a single use, in one edition and in one language. Additional language editions, promotional uses, subsequent editions, additional markets, or media constitute reuses or changes in use and require additional permissions and the payment of additional fees. Exclusive rights will not be granted. Reproduction is permitted only from images supplied by the Rights and Reproduction Department. Photographic materials not supplied by the Museum are strictly prohibited.
Digital display of reproduced images is only permitted if the display is secured to prevent unauthorized downloading, transferring, copying and manipulation of content or copyright notice by means of specialized technologies utilized for digital image protection. All digital images will be protected by at least one of the following means: a) download, print, save as, copy, paste functions disabled; b) watermarking the credit line near bottom of the page, or directly alongside, or under each image; c) file encryption; and d) commercial intellectual property software. Permission may not be transferred, assigned, sold, or otherwise disposed of without written permission of the Gilcrease Museum. Images cannot be used as endorsements for commercial products.
Permission is limited to 1 year. If use has not occurred within 1 year of grant, permission is automatically revoked and a new request must be submitted.
3. Electronic and Web use
The client is licensed to store the images in a digital database for the duration of the reproduction agreement or for 1 year, whichever comes first. Upon the expiration of the agreement or 1 year the image must be erased, destroyed or returned to the Gilcrease Museum.
The copyright in any digitized version or copy of these images made in the course of the permitted use of the photo shall be retained by the Museum.
4. Unauthorized Use
Any unauthorized use by any person or entity, for any reason, will render the Applicant responsible and liable to the Museum for appropriate compensation and other costs, regardless of whether the Applicant has profited or is responsible for such use. Applicant agrees to take all due care to protect the materials from unauthorized use by any person or entity.
5. Rights of Refusal
The curatorial staff of the museum in its sole discretion reserves the right to refuse permission at any point in the reproduction process if, in its opinion, the application is not appropriate for the collection or if acceptable standards of reproduction and care of the Museum’s objects have not been obtained.
No cropping is allowed in the painted area of the picture or the outline of a sculpture, and the area within the border of a photograph or a graphic work, including inscriptions, may not be cut down or masked out. Copyright notice may not be cropped, deleted, obscured or altered in any way.
Reproductions may not run off the edge of the paper.
No image or typed matter may be printed on colored paper and must remain in the color obtained from all forms of media supplied by Gilcrease Museum.
9. Colored ink or stock
Reproductions may not be printed on colored paper and must remain in the color obtained from all forms of media supplied by Gilcrease Museum.
Applications to reproduce a detail of a work will be considered only upon receipt of a marked photograph or photocopy showing the exact area to be used. The word “detail” must appear in the caption with the complete credit line. Under most circumstances, an application for the reproduction of a detail may be approved only if the work is shown in its entirety elsewhere in the publication.
11. Credit Line
The credit line must include artist, title and the following information: “from the collection of Gilcrease Museum, Tulsa, Oklahoma”, unless specifically noted otherwise on contract. The credit line must appear in the appropriate portion of the publication. For motion pictures, CD ROMs, DVDs, documentaries, etc., include the credit with the listing of other “sources” and in an accompanying manual.
12. Special Projects
Special projects such as note cards, address books, and calendars must be presented to Gilcrease Museum and its Museum Shop for consideration and computation of charges. A mock-up or sample of the publication must accompany the request. Museum Shop has right of refusal.
For color reproductions, color proofs must be submitted and approved by the Museum before printing may proceed. Failure to comply with the corrections indicated on the submitted proof may result in the withdrawal of approval. Reproductions from color separations made from all forms of media previously obtained from Gilcrease Museum are permitted only when the applicant can submit a new and accurate color proof for approval. Color-corrected proofs should be provided for poor quality proofs whenever possible. If proper corrections cannot be obtained, rental of a new image will be required.
14. Independent Use
Gilcrease Museum does not supply black and white or color images to companies or individuals operating photography rental image reproduction or digital image catalog and/or sales service.
Applicants may not photocopy, make inter-negatives or otherwise duplicate by any means a color or black and white form of media or photograph supplied by Gilcrease Museum.
16. Gratis Copy
The publisher is to provide Gilcrease Museum with two complete gratis copies of the publication in which the image is reproduced. In the case of M.A. theses and Ph.D. dissertations, photocopies of the references to the illustration will be acceptable. In the case of primary and secondary level textbooks, tear sheets of the page on which the image is reproduced, as well as the entire article in which the photograph is used and the credit line is given, will be acceptable.
All forms of media remain the property of Gilcrease Museum and must be returned within 90 days. A replacement fee is charged if the media/images are returned in such condition that it cannot be reused. See Fee Schedule for Terms.
18. Copyright Restrictions Warning – U.S. copyright law (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyright material. Under certain conditions specified in the law, libraries and archives are authorized to furnish photocopies or other reproductions of copyrighted work. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research” (commonly known as “fair use”). Real fair use is a defense against infringement and is very limited in scope. We recommend that you consult your own attorney to determine whether your planned use would fall under the fair use exception.
The granting of permission to publish by the Museum is not the same as permission from the copyright holder. Users of material images must secure permission from copyright owners and payment of such additional fees as the owners may require, if the Museum does not own copyright or if the original material is not in the public domain.
Applicants assume all responsibility for questions of copyright and the violation of rights of privacy and publicity that may arise in the use of material images reproduced by the Museum.) The Museum may request that the applicant deliver in writing the copyright holder’s permission to reproduce the image before the Museum delivers the image. The fact that the Museum owns and/or displays physical works is not an indication that it also owns the underlying copyright in the work.
The Thomas Gilcrease Institute of American History and Art a/k/a Gilcrease Museum assumes no responsibility or liability for any claims against the applicant or the Museum by the artist or any third parties on his behalf. Applicant agrees to indemnify the Museum and hold it harmless against any and all such claims. It is the responsibility of the applicant to obtain necessary permissions for those items/materials for which the Museum does not own the copyright or for which other restrictions may apply. Applicants are advised that obtaining rights clearances may be a lengthy and complex task and should be planned well in advance. Any and all royalty payments or other requirements specified by the copyright owner must be paid or honored by applicant and are not the responsibility of the Museum. [In the case of living artists or where copyright still exists, the applicant must deliver the artist’s permission in writing before the museum will release any photographic material.]
Payment is to be made before the order can be filled and can be paid by company check, cashier’s check, or money order in U.S. currency. Gilcrease Museum accepts the following credit cards: Master Card, American Express, Discover and Visa. We reserve the right to charge additional fees for items that pose unusual difficulty in scanning or printing. Fees cover reproduction and handling costs and are NOT copyright permission and/or royalty fees.
THE MUSEUM GIVES NO EXCLUSIVE RIGHTS TO ANY PUBLISHER, AUTHOR OR PHOTOGRAPHER AND ASSUMES NO RESPONSIBLIITY FOR DUPLICATION OF SUBJECTS BY OTHERS OR ANY RESPONSIBLITY FOR CLAIMS BY THIRD PARTIES.
To obtain use of an image from the Gilcrease collection, please complete the following steps:
1. Read and agree to the Gilcrease Rights & Reproduction Policy.
3. You will receive an email with a contract and an invoice for the request. Sign the invoice and mail it, along with your payment to the following address:
Rights & Reproduction
1400 N. Gilcrease Museum Rd.
Tulsa, OK 74127
918-631-6442, 918-631-6470 (fax)
4. You should receive your order within 3-4 weeks. If you would like your order rushed there will be an additional charge.
Warning: The unauthorized reproduction or distribution of this copyrighted work is illegal. Criminal copyright infringement, including infringement without monetary gain, is investigated by the FBI and is punishable by up to 5 years in federal prison and a fine of $250,000.00.