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NOTE: The following terms and conditions are intended to safeguard Devon County Council's interests in the heritage collections which it has acquired over the years and preserves on behalf of the people of Devon. It attempts to protect any intellectual property rights in the material held, and, where appropriate, to generate income to sustain the collections. This policy is intended to support initiatives to make material in the Library's collections more widely accessible while ensuring their conservation. The County Council is particularly prepared to work with organisations and individuals who are undertaking community heritage projects. The County Council reserves the right to refuse permission to copy or use material on the grounds of conservation, copyright, prejudicial use or for any other reasons.
1. All copies of resources provided by the Library are supplied for private study and research only unless a licence agreement is signed. Application for inclusion of library material in publications, including publicly accessible resources, broadcasts or computer networks, must be made in writing on the form below.
2. Any negatives or master digital files produced from Library materials are commissioned on behalf of the County Council and remain their property. They are to be returned to the County Council by the date stated in the agreement. This will not necessarily prevent the user from having access to the material at a later date. A penalty of £100 will be incurred by the applicant should any negatives or master image files not be returned by the required date. Negatives and master digital files should be in standard non-proprietary formats (e.g. TIFF, JPG, GIF for scanned images). The County Council retains the option of obtaining at cost additional copies of any reproduction work undertaken.
3. Reproduction fees will be payable for publication or broadcast of any material derived from the Library's collections. A current scale of standard charges is given below. These charges are additional to any copying costs.
4. The agreement licences non-exclusive use of material only for the purposes of the publication specified and any publicity directly associated with it. Any additional use by the applicant will be subject to specific agreement, which may include a further reproduction fee or royalty payment, to be paid to the Library.
5. Acknowledgement as set out in the agreement must be made in the publication for any material used. When images are mounted on public access computer networks, the resolution shall not normally exceed 72 dpi and the image size 400x600 pixels.
6. Photography, digital scanning or filming of materials in the Library's collections will be undertaken by an agent designated by the Library. Any expenses of scanning, photography or filming will be borne by the applicant. Such expenses may include a contribution toward library staff time in making the material accessible. Photographic or scanning work must not damage the original materials and should normally be undertaken on Library premises away from the public areas at a time and location agreed with staff. Any copying undertaken outside the Library will be subject to special conditions.
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7. Applicants are responsible for identifying material to be photographed and indicating the location of individual items in such a way that the items can be easily retrieved and filed. A listing of items copied must be provided to library staff to form the basis of subsequent allocation of negative numbers, digital image file names and other documentation.
8. Where applicable, every effort must be made by the applicant to obtain the written permission of copyright holders or other intellectual property owners of materials to be included in publications or broadcasts. The County Council will not be held responsible for any infringement by applicants.
Any queries on the terms of use should be made to the County Local Studies Librarian, Exeter Central Library, Castle Street, Exeter EX4 3PQ. Tel: 01392-384224, e-mail: ian.maxted@devon.gov.uk
Standard scale of charges.
This relates to applications for English-language rights to reproduce single items in a first edition or a first showing on local television:
Single illustrations in books: £20.00 + VAT
Small reproductions (postcards, greetings cards, plates in calendars, table mats, book jackets): £60.00 + VAT
Large reproductions (posters, prints, advertisements): £100.00 + VAT
Photographic enlargements for interior decoration: £40.00 + VAT
Television, films, filmstrips, slides: from £30.00 + VAT. By prior arrangement moving image filming may be undertaken on the premises by applicants themselves. This may be subject to a disturbance fee of £60.00 + VAT per hour which will include an entitlement to use images from the Library's collections for up to one minute of running time. This disturbance fee will be levied whether or not filmed material is eventually used in the production.
Digitised images for use on CD Roms, networks and the Internet from £30.00 + VAT
World rights, national or satellite broadcasts: above fee to be doubled. Repeat showings, new editions: above fee to be halved. A new edition of a book is normally indicated by the provision of a new ISBN.
Royalties on sales are not normally payable in addition to these charges. Special terms may be negotiated at the discretion of the County Council. Such terms may include the supply of free copies in lieu of the payment of reproduction fees.
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