Historical Photograph Conditions of Sale
Terms of Sale
As-Is-Purchase
All copies of requested 'Photographs' are provided by the Vancouver Public Library (VPL) As-Is without any warranty or representation as to the Photographs’ content, format, quality or moral rights status.
Credits
Purchaser must credit A) Vancouver Public Library with item reference number and B) the photographer, when known, for each use of the Photographs, e.g. Philip Timms photo, Vancouver Public Library 5222
Deposit of Publication
Purchaser must provide to the Vancouver Public Library, Special Collections a complimentary copy of each publication using the Photographs.
No Transfer of Copyright
Purchaser is buying only a copy of the Photographs, and is not acquiring any interest in the ownership of the copyright or other proprietary rights in the Photographs.
Legal Compliance
Purchaser assumes sole responsibility for Purchaser’s Photographs use and reproduction complying with all applicable laws, including, but not limited to, copyright, moral rights, neighbouring rights, defamation and privacy laws.
No Endorsement
Purchaser shall not publicly represent or imply that the Vancouver Public Library is participating in, or has sponsored, approved, or endorsed the manner or purpose of, Purchaser’s use of the Photographs.
No Association
Purchaser shall not use any trade-mark, official emblem, or logo of the Vancouver Public Library, or any of its other references or means of promotion or publicity to represent an association or affiliation with the Vancouver Public Library.
Use Certification
PURCHASER HEREBY CERTIFIES THAT AS INDICATED BELOW, the Photographs will be used for A) ‘Fair Dealing’ for purposes of research, private study, criticism and/or review, and/or B) for ‘Other Use’.
Fair Dealing Orders
Orders of copies of the Photographs used for only Fair Dealing are to be prepaid.
Other Use Orders
Orders of copies of Photographs for other use are checked for ownership status.
A) If their copyright is determined to be Vancouver Public Library-owned or public domain, Purchaser will be advised and the Photographs will be supplied after receipt of payment.
B) If their copyright is determined to be owned by a third party or unknown, Purchaser will be requested to obtain permission for the identified uses of the Photographs from their copyright owners. Upon Purchaser notifying VPL that all such permissions have been obtained and paying VPL’s reproduction fee, VPL will supply the Photographs. VPL uses reasonable efforts to ascertain third party owners of Photographs, but cannot provide any warranties or representations, and disclaims all liability, as to the Photographs’ copyright status or their ownership.