Copyright

Use of text, artwork, photographs, and other files on this Web site signifies agreement to be bound by the following terms and conditions. Brookgreen Gardens reserves the right to update or change these terms and conditions at any time and for any reason. Continued use of this Web site indicates binding acceptance of such revisions.

Rights and Restrictions of Use

The Brookgreen Gardens retains all rights (including copyright) and restrictions for software, documentation, electronic text and image files, audio and video clips, and all other materials on this Web site. Copyrights and other proprietary rights for the material on this Web site may also subsist in individuals and entities other than, and in addition to, the Brookgreen Gardens. Brookgreen Gardens expressly prohibits the copying of any protected materials on this Web site, except for the purposes of fair use, as defined by United States copyright laws and as described below.

Fair Use Permissions

The materials (data, images, software, documentation, text, and all other information) on this Web site are made available for limited non-commercial, educational, and personal use only, or for fair use as defined in the United States copyright laws.

Web site users may download these files for personal use, subject to any additional terms or restrictions that may be applicable to the file or program. However, Web site users must cite the author and source of the materials as they would cite material from a printed work. Citations should include “Brookgreen Gardens” and the url: www.brookgreen.org.

By downloading, printing, or otherwise using text and image files from this Web site, users agree to limit their use of such files to fair use and abide by the proprietary rights of the Brookgreen Gardens or third-party owners.

Visit the U.S. Copyright Office to learn more about fair use.

Commercial Use Restrictions

Unauthorized commercial publication or exploitation of Brookgreen Gardens’ files is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior written permission from the Brookgreen Gardens’ Rights and Reproductions Committee.

Permission for such use is granted on a case by case basis at the sole discretion of Brookgreen Gardens. Usage fees may be assessed, depending on the type and nature of the proposed use.

Reproduction

Permission is granted for only a single usage in one publication, one edition, and in one language. Additional language editions and subsequent revised editions will be considered at the time of application.

The full credit line exactly as supplied by Brookgreen Gardens, must appear in immediate proximity to the image, or in the section devoted to photographic credits. No abbreviations are permitted. Full documentation consists of: Brookgreen Gardens, Murrells Inlet, SC,  the artist’s name, title of the work of art, date (if given), medium, and size. In addition, the credit line MUST include the donor’s name when provided. In the case of films, television, or filmstrips, the credit line must be included in the credits.

Each image must be reproduced unaltered and in its entirety unless approved in writing by Brookgreen Gardens. The reproduction must not be cropped, bled off the page, printed on color stock, or with colored ink, nor have anything superimposed on the image. When a detail is used, the word DETAIL must appear in the credit line.


 

Request for Permissions or Images

All requests must be made by application must be made in writing. Requests must include the intended use, the publisher, title of the publication, and expected date of publication.

Brookgreen Gardens reserves the right to deny permission to reproduce an image from its collection to any application whose product is not acceptable Brookgreen Gardens for any reason. Reproduction is permitted only from materials supplied by Brookgreen Gardens.

Permission, if granted, is valid only for the individual, company, or institution it is specifically issued and may not be transferred, assigned, sold, or otherwise disposed of without Brookgreen Gardens’ permission in writing. Permission shall not be granted until payment processing of the required fees for reproduction.

Conditions

Upon date of publication, the publisher is to provide Brookgreen Gardens with at least two complete, gratis copies of the publication in which the image is reproduced. If so requested, a proof must be approved by Brookgreen Gardens before reproduction of an image in color. If a proof is still not judged sufficient quality even after correction, Brookgreen Gardens has the right to withdraw permission to publish.

Certain works of art owned Brookgreen Gardens may be protected by a copyright not owned by Brookgreen Gardens. Responsibility for ascertaining whether any such rights exist, for paying any royalties or fees claimed by the artist, his or her heirs or estate, and for obtaining all other necessary permissions, remains with the applicant. Permission documents must be submitted along with the application before the photographic materials will be released.

Application

Download the application form and return the completed application to the attention of the Rights and Reproductions Committee.

By Mail

Rights and Reproductions Committee
Brookgreen Gardens
, P.O. Box 3368, Pawleys Island, SC 29585

By Fax

843.235.6039

By Email

 

Brookgreen Gardens makes no warranties or representations and assumes no responsibility whatsoever for any claims against applicant of the Museum by the artists, their agents, estates, or by any parties in connection with the reproduction of works of art in the collection of Brookgreen Gardens. The applicant agrees to indemnify Brookgreen Gardens and hold it harmless against any and all such claims, including copyright infringement claims, royalty or fee demands and/or actions, including the costs thereof arising as a result of the applicant’s reproduction of the works of art in Brookgreen Gardens. Copyright owners or reproduction rights may be retained by the artist for works of art created after January 1, 1978. Any and all royalty payments or other requirements specified by the copyright owner of such a work must be paid or honored by the publisher or agent requesting reproduction permission.

 

Rights and Reproductions Fees

Review the fee schedule below to determine rights and reproductions charges.

Processing and Payment

Normal processing time for requests is four to six weeks. Rush fees will be applied for expedited processing. Transparencies and materials will be mailed with the appropriate permission forms, invoices, and payment options. All negatives and transparencies remain the property of Brookgreen Gardens and must be returned to the Gardens in original condition at the end of the three month rental period.

Discounts may be available to students/scholars, museums, educational and non-profit institutions. All payments must be made in United States dollars. Payments may be made by major credit card, check or money order.

Transparency Rental

Transparencies are 4" x 5" color positive format, rented in three month intervals. Rental extensions may be available with prior approval.

SERVICES

FEE

 

Student/Scholar, Museum

Non-profit

Commercial

Color Transparency

$75/each

$75/each

$100/each

 

 

 

 

Cost per three month rental period.

New Photography of Artwork

When artwork does not have a transparency on file, it may be necessary to photograph the object for purposes of reproduction. Prices include photography services and color transparency rental fees.

SERVICES

FEE

 

Student/Scholar, Museum

Non-profit

Commercial

Photography of Two-Dimensional Artwork

$175/each

$200/each

$225/each

Photography of Three-Dimensional Artwork

$200/each

$225/each

$250/each

 

 

 

 

Reflects a minimum charge. Rates may be increased for complex objects.

Reproduction Rights

Rights usage fees for all projects, including videos, films and television programs, are be determined by duration and type of use, projected audience or publication-run size, and research costs. Object size in proportion to the overall layout or design of the publication will be considered. Prices will vary.

For World-Rights Reproduction apply the appropriate fee plus 25%. For re-use (2nd edition, etc.) apply the appropriate fee less 25%.

USAGE

FEE

 

Student/Scholar, Museum

Non-profit

Commercial

Print as Primary Focus
(ex. book jacket/cover art, calendar, poster, greeting card)

No Fee

$100/each

$300/each

Print as Secondary Focus
(ex. within text/body copy)

No Fee

$50/each

$100/each

 

 

 

 

Digital/Multimedia
(ex. CD-ROM, Video/Film)

No Fee

$75/each

$200/each

 

 

 

 

Additional Fees

Additional charges apply for specialty research, rush services, or priority shipping. Late fees and replacement costs for damage or loss of materials are outlined below.

SERVICES

FEE

 

Student/Scholar, Museum

Non-profit

Commercial

Research/Special Handling

$25/hour

$25/hour

$25/hour

Rush Service

$50.00

$50.00

$50.00

 

 

 

 

Late Fee
per Additional Month

$35.00 each

$35.00 each

$35.00 each

Replacement Fee
for Lost or Damaged Transparency

Same as new photography

Same as new photography

Same as new photography

 

 

 

 

Shipping and Handling

Materials are mailed using the U.S. Postal Services normal schedules. Federal Express or UPS shipping services are available on request. To bill the shipping fees directly, supply the shipping service account number as requested on the application.

DOMESTIC SHIPPING

FEE

USPS

$5.00

Federal Express/UPS

$25.00

 

 

INTERNATIONAL SHIPPING

FEE

USPS

$10.00

Federal Express/UPS

$50.00

 

 

Cancellation

In the event a requested image is removed from the publication, and is not used for any purpose, whether postponement or cancellation of publication, rights usage fees minus the transparency rental or new photography charges may be adjusted accordingly.