General
Provisions
- Credit must
be given to the Iowa Department of Transportation or the donor
of the item in the prescribed form (see Attribution and Copyright
Notice.) Users may not falsely claim or represent that they possess
intellectual property rights, including copyright, in DOT material.
- Permission
to reproduce, publish, broadcast, display, or distribute an item
or text for commercial purposes must be requested in writing.
Permission is granted in writing, not orally. Possession of an
item does not constitute permission to reproduce or publish it.
- Permission
is for one-time use only.
- The Iowa
Department of Transportation or legal owner of the image retains
all rights to the items or text, and the requestor warrants that
they will not be used for any purpose other than that stated.
- In some
cases, the Iowa Department of Transportation will request that
a copy of the publication be donated to the DOT.
- The requester
agrees to hold harmless the Iowa DOT, its officers and employees
from any action involving infringement of the rights of any person
or heirs and descendants in common law or under statutory copyright.
- All responsibility
for possible copyright infringement, invasion of privacy, and
rights of publicity from the use of reproductions is assumed by
the user.
- Images may be cropped to suit design and layout, but they may
not be altered or drawn upon or manipulated in any way so that
they look different from the way they appear in the historical
collection or misrepresent the content.
- Materials
may not be used to state or imply the endorsement by Iowa DOT
or by any DOT employee of a commercial product, service or activity,
or used in any other manner that might mislead the public.
- Iowa DOT
personnel, generally, are not authorized to sign indemnity or
hold harmless statements, releases from copyright infringement,
or documents granting exclusive use rights.
- If a recognizable
person appears in a photograph, use for commercial purposes may
infringe a right of privacy or publicity and permission should
be obtained from the recognizable person.
Linking to the images
There are two types of links you can create on your own Web page
to display photos from the DOT’s online historic photo collection---1)
linking to groups of photos; or 2) linking to a specific photo.
Creating links to a group of photos does not usually
require permission in advance. However, creating a link to a specific
photo may require permission from the copyright holder of the photo.
Linking to a group of images.
You can create a link on your Web page that users can click on to
see groups of photos that match a particular query. These links
will generate a query to the DOT’s photos and bring up a page
of thumbnail images that match the query.
Linking to a specific
image. You can also create a link to a specific
photo without first asking permission as long as the photo is displayed
on the DOT’s Web site when a user clicks on your link. If
you create a link to a specific DOT photo that results in the photo
being displayed on your Web page (in html terms, using the tag "IMG
SRC="), then you must determine whether your use is "Fair
Use" or if it requires permission. See “What is 'fair
use' of copyrighted material.” Even though you have not actually downloaded the image
and saved it to your own computer, displaying it on a page other
than a DOT page may require permission from the DOT or other copyright
holder depending on whether your use falls under the Fair Use provisions
of the U.S. Copyright Law.
Required Attribution
Attribution and copyright Notice
When content reproduced from the DOT's collection is used, atribution in the following form must be provided.
Copyright © 2006, Iowa Department of Transportation. All rights reserved.
Credits should appear in close proximity to the image or in a special section devoted to credits.
Works owned and copyrighted by others; and third-party rights
While most of the images in the DOT's collection are owned by the Iowa Department of Transportation, it is not true of all images. Some have been received from donors, who may have additional restrictions on use.
It is your responsibility to determine and satisfy copyright or other restrictions when publishing or otherwise using materials found in the DOT's collections, including this Web site. It is the patron's responsibility to obtain permission from any third party rights holder and provide proper attribution and notice.
Limitation of Liability
THE SITE AND CONTENT ARE PROVIDED AS IS, WITHOUT ANY WARRANTIES
WHATSOEVER, EXPRESS OR IMPLIED. THE IOWA DEPARTMENT OF TRANSPORTATION
SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE
OF ANY KIND RESULTING IN ANY WAY FROM (A) ANY ERRORS IN OR OMISSIONS
FROM THE SITE, (B) THE UNAVAILABILITY OR INTERRUPTION OF THE SITE
OR ANY FEATURES THEREOF, (C) THE UNAUTHORIZED USE OF THE CONTENT
CONTAINED ON THE SITE, OR (E) ANY DELAY OR FAILURE IN PERFORMANCE
OF THE SITE. IN NO EVENT SHALL THE IOWA DEPARTMENT OF TRANSPORTATION,
ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUCCESSORS, ASSIGNS,
AND AFFILIATES (COLLECTIVELY "AFFILIATED PARTIES") BE
LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA,
PROFIT, OR GOODWILL AS A RESULT OF LITIGATION OR ADMINISTRATIVE
PROCEEDING), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT (INCLUDING NEGLIGENCE), STATUTORY OR REGULATORY VIOLATION,
OR OTHERWISE ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE
MATERIALS ON THIS SITE, EVEN IF THE IOWA DEPARTMENT OF TRANSPORTATION
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Binding Agreement.
THIS IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND THE IOWA DEPARTMENT
OF TRANSPORTATION. When you download image files from this Web site
you agree to and accept all the terms of this agreement.
For further information, contact:
Dena M. Gray-Fisher, Director
Office of Media and Marketing Services
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 5001
Ph. 515-239-1922
E-mail: dena.grayfisher@dot.iowa.gov
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