Penasar Mask, 20th century, Maker unknown, Indonesia. Gift of Theo Schoon, 1956. Te Papa

Image sales agreement terms and conditions 

The Museum of New Zealand Te Papa Tongarewa (Te Papa) requires applications to be made in writing for permission to make any reproduction of items (paintings, prints, photographs, maps, manuscripts, books, artefacts, natural history objects, and so on) in its collection. Permission to reproduce is dependent on full acceptance of the conditions outlined below.

Te Papa, as the proprietor, charges a fee for any such reproduction. The reproduction fee is additional to any charges made to cover the cost of processing and supply.

The commercial or other use of photographs of some of the cultural heritage items held in Te Papa may be offensive on ethical or cultural grounds. For this reason, care must be taken in the use made of such reproductions. When applicants apply for reproduction rights, the uses of the material must be discussed with an appropriate member of Te Papa's staff.

In this page:

Supply and use of images

  1. Te Papa, as the licensor of the image/s, charges you (the applicant) a fee for any reproduction of the image/s. The reproduction fee is in addition to any charges payable by you to reimburse Te Papa’s costs of processing and supplying the image/s to you. 
  2. The use of some of Te Papa’s cultural heritage images for commercial or other purposes may be offensive on ethical or cultural grounds. When you apply for reproduction rights, the specific use to be made of the material must be discussed with an appropriate member of Te Papa Picture Library’s staff or the Manager Communications. 
  3. Te Papa may refuse requests for reproduction rights to images for any reason.
  4. Te Papa grants permission to reproduce images only for the publication and the use specified in the attached letter.
  5. Any additions or alterations to the image, including cropping or overprinting, will require separate written permission from Te Papa, in addition to this Agreement.
  6. All reprints, further editions and any reuse of digital files supplied under this Agreement are not covered by this Agreement.  You must enter into a new agreement with Te Papa and pay an additional fee.
  7. Digital image files and photographic prints supplied by Te Papa may not be made available or otherwise used for publication, distribution, or sale by any person not listed in this Agreement or re-photographed without special permission from Te Papa.
  8. You may not photograph, make photographic prints or any reproduction or copy of, any digital files supplied by Te Papa.
  9. You acknowledge the strict confidentiality and proprietary nature of all confidential information of Te Papa.  You agree not to disclose, divulge, communicate, publish, exploit or make available in any way to any person any confidential information of Te Papa, other than for the strict purpose of performing your obligations under this Agreement.

Fees

  1. You must pay the fees or accept a quote from Te Papa before you may use the image in accordance with this Agreement.
  2. Te Papa reserves the right to charge you an image search fee.

Acknowledgement

  1. Acknowledgement of Te Papa’s rights in relation to the image, in accordance with paragraph 3 below, must accompany the reproduction of any image and must be placed in such a form that the acknowledgement is immediately obvious to the ordinary reader, user or viewer.
  2. It is acceptable to prominently display the Te Papa acknowledgement at the beginning or the end credits for television productions, audio-visual materials and films.
  3. The acknowledgement must include the words ‘Museum of New Zealand Te Papa Tongarewa’, or ‘Te Papa, Wellington, New Zealand’, and should include the original photographer’s name if known. The photograph’s negative or transparency number must also accompany the acknowledgement. This number must be placed either alongside the photograph or indexed elsewhere in the publication. For example, ‘Photograph by Alfred H Burton, Museum of New Zealand Te Papa Tongarewa, negative number 1234’.
  4. Where reproduction of an image is for advertising or promotional purposes, Te Papa will notify you of the form of acknowledgement to be given to the image.
  5. When, in the opinion of Te Papa, publication of an acknowledgement might indicate Te Papa’s endorsement of a particular political or religious belief, Te Papa may notify you that no acknowledgement is to be made.

Copyright

  1. Te Papa may not be the copyright owner of images in its collection. You are responsible for obtaining the permission of the copyright owner. You are required to provide Te Papa with written authorisation from the copyright owner before Te Papa will grant you permission to reproduce the image.  Where possible, Te Papa will assist you by supplying the copyright owner’s contact details.  In no event will Te Papa be liable for any failure by you to obtain any required copyright authorisation. 
  2. Any fee payable to a copyright owner is additional to any fee due to Te Papa as the licensor of the material. 

Orphaned works

An orphaned work means that Te Papa has not been able to source any copyright details in relation to an item.  If Te Papa notifies that you that it considers an image to be an orphaned work and you wish to use the image, you will indemnify and hold Te Papa harmless in respect of all liabilities, costs, claims, demands or damages arising out of, or incidental to, the use of the orphaned works.  Te Papa will use its reasonable endeavours to notify you of orphaned works prior to the image being supplied to you and you have the right to cancel your order prior to Te Papa’s dispatch of the image to you or upon receipt of the image.

Termination and expiry

  1. If you breach any of the terms in this Agreement, Te Papa may terminate the Agreement immediately by written notice to you. 
  2. Te Papa reserves the right to require the applicant to return CDs, photographic prints and similar items to Te Papa after use by the applicant or termination or expiry of this Agreement. Any item supplied under this Agreement remains the property of the copyright owner.
  3. You must delete any copies of the images you make to a computer hard drive for production purposes on completion of the production or expiry of this Agreement.
  4. If requested by Te Papa, you must if possible, supply Te Papa with a free copy of the publication. 

General

  1. This Agreement contains the entire understanding and agreement between the parties relating to its subject matter.
  2. Te Papa and you are independent contractors, and neither is an agent or employee of the other, nor a partner or joint venturer with the other
  3. This Agreement is governed by, and is to be construed in accordance with, New Zealand law.