Terms and Conditions of Use

1. Agreement

Client accepts responsibility for abiding by terms and conditions for use of images from Albuquerque Museum.

2. Responsibility

The client is personally responsible for informing all parties involved that images have specific usage terms including but not limited to publishers, authors, graphic artists, printers, etc. Failure to abide by these terms may result in legal action against the client.

3. Services

Access to collections is by appointment. The minimum time between order and delivery is two to six weeks. Museum and City projects may delay outside orders. The Museum is unable to process rush orders.

4. Use of Collections

Albuquerque Museum unconditionally reserves the right:

1. To protect and preserve the collections;
2. To restrict reproduction or use of items;
3. To ensure that reproductions are used in good taste;
4. To control adaptation, colorization, bleeding, cropping, computer superimpositions, or any alterations to images;
5. To determine commercial and non-commercial use on an individual basis, and to levy appropriate fees; and
6. To limit the number of images used or revoke permission for cause.

5. Copyright and Use Provisions:

All digital images released by the Museum are under copyright by Albuquerque Museum or other entities requiring clearance by the researcher. The Museum will pursue unauthorized use of its prints as copyright infringement. Permission is granted for one-time, non-exclusive use. Subsequent use of an image requires written permission and may incur additional fees. The client assumes all responsibility for copyright clearance of images and liability for copyright violation. Albuquerque Museum will provide, on request, any information it has regarding copyright on images.

6. Commercial and Non-commercial Work:

The use of photographs from the Museum, a non-profit educational entity, in a for-profit venture utilizes a public trust resource for private gain. In line with accepted practices at similar archives, restrictions will be placed on items and surcharges will be levied on a single item basis. All monies are used to support the Museum.

Uses:

1. Display: including but not limited to display in offices, shows, restaurants, businesses, exhibitions, slides shows, etc.
2. Graphics: including but not limited to logos, menus, billboards, advertisements, etc.
3. Publication: including but not limited to any print or electronic media, videotape, magazines, flyers, brochures, etc., exclusive of news media

Commercial Use: The use of photographic materials by a for-profit or non-profit organization, company, institution, individual, their agents, agencies, or subcontractors that is revenue-generating.

Non-commercial Use: The non-publication use of photographs by a private individual or the use of materials by a nonprofit institution in a manner unconnected with any commercial venture or fundraising effort.

7. Copy Equipment

Albuquerque Museum does not permit the use of equipment to copy photographic materials, nor will negatives be made available to clients. At the discretion of the curators and Museum director, permission may be granted to non-profit educational organizations or news organizations to scan or videotape images on a limited basis with approved equipment.

8. Credit and Deposit Copy

Captions must be placed under each published or exhibited photograph, or with other credits in the front or back of publications, upon written permission of the Museum. Mandatory credit line must include: “Albuquerque Museum” or “Casa San Ysidro: The Gutiérrez-Minge

House,” donor (as provided on the gift agreement), photographer or artist (if known), year produced, and catalog number. Audiovisual publications must include a credit line in the end credits. The Museum and Casa San Ysidro require two free copies of the finished publication, item, videotape, or other product for archival records.

9. Payment

All Museum fees must be paid in advance. Cash, check, or credit cards are accepted in-house at the Museum admissions desk. For out-of-area patrons, payment is accepted by check, made out to “Albuquerque Museum” and mailed to:

Albuquerque Museum
Attn: Image Use Requests
2000 Mountain Road NW
Albuquerque, NM 87104

Additional reproduction costs for oversize prints are paid to the processing lab or a photographer contracted by the Museum.