Wisconsin Historical Images

Permissions and Copyright

Permissions

Permission is not necessary for personal use (i.e. display in the home, personal gift, etc.) of an image. Use of the image in any public manner (publication, website, public display) requires written permission from the Archives. Permission does NOT include the image, which must be ordered seperately. To request permission:

1. Locate the image identification or negative number. Your permission requests MUST include one of these numbers. If you do not know either of these numbers, Contact Us.
2. Print, fill out, and sign a Permission Request Form (PDF, 24KB). The form must be received by the Archives prior to the use of our materials. Possession of an item does not constitute permission to reproduce or publish it.
3. Consult Permission Fees (PDF, 23KB) to determine the associated fee. If you have questions regarding the permission fee, please contact: Lisa Marine, Business Manager at (608) 264-6475 or at lisa.marine@wisconsinhistory.org.
4. Mail or fax the signed Permission Request Form and your payment to:

   Lisa Marine, Business Manager
   Wisconsin Historical Images
   Wisconsin Historical Society
   816 State Street, Room 407
   Madison, WI 53706-1482
   Email: lisa.marine@wisconsinhistory.org
   Phone: (608) 264-6475
   Fax: (608) 264-6472

   A Letter of Permission granting specific rights or explaining the denial of permission will be issued approximately two weeks after we receive the request.
5. Include the following credit line, preferably adjacent to the image: Wisconsin Historical Society (or WHS) Image ID #.
6. Donate a copy of any publication, video, or computer software using images from the Archives to the Society.

Additional Considerations for Permission Requests:

1. Permission is for one-time use only for the life of the project. The permission requestor must not use a Wisconsin Historical Society image for any purpose other than that listed on the permission form for the life of the project.
2. The permission requestor must secure copyright clearance from the copyright holder. The granting of permission to publish by the Society does not absolve users of materials from securing permission from copyright owners. This may require payment of additional fees to the copyright holder if the Society does not own copyright or if the material is not in the public domain. In requesting permission to reproduce materials from the society, the requestor agrees to hold harmless the Wisconsin Historical Society and its officers and employees from any action involving infringement of the rights of any person or heirs and descendants in common law or under copyright law.
3. Images may be cropped to suit design or layout, but they may not be altered. Images may not be drawn upon or manipulated in any way so that they look different from the way they appear in the historical collection.
4. The Society reserves the right to refuse to grant permission. This includes the right to refuse to provide photo reproduction services to publishers and individuals who have not complied with our policies.

Copyright

The Wisconsin Historical Society owns copyright for a small number of images in its collections. In some cases, the Society has written agreements with copyright holders. In other cases, the images are old enough that copyright has lapsed. In most cases, however, it is not clear who owns copyright. Therefore, it is the responsibility of the user of these images to determine whether a copyright issue exists and if so, to contact the copyright owner. All responsibility for questions of copyright and invasion of privacy shall be assumed by the image user.

The copyright law of the United States (Title 17, U.S. Code) governs the making of photocopies or other reproductions of copyright material. Under certain conditions specified in the law, libraries and archives are authorized to furnish photocopies or other reproductions of copyrighted works. One of these specified conditions is that the photocopy or reproduction is not to be "used for any purpose other than private study, scholarship, or research." If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of "fair use," the user may be liable for copyright infringement.

This institution reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of the copyright law. The nature of historical archival collections means that copyright or other information about restrictions may be difficult to determine. Whenever possible, the Wisconsin Historical Society provides information about copyright owners and other restrictions in the catalog records, finding aids, and donor records. The Society provides such information as a service to aid patrons in determining the appropriate use of an item, but the legal determination ultimately rests with the patron.