Terms of Use: Wisconsin Veterans Museum Collections

The following pertains to the use of the materials in the Wisconsin Veterans Museum’s Collection.

The mission of the Wisconsin Veterans Museum (WVM) is to preserve and present for posterity the artifacts and stories relating to Wisconsin's military history and military heritage in general. WVM has created and maintains this web site in support of its mission. Access to and use of this web site and its contents are subject to the following terms and conditions and all applicable laws. BY ACCESSING AND BROWSING THIS WEB SITE, YOU FULLY ACKNOWLEDGE AND ACCEPT THESE TERMS AND CONDITIONS. WVM may at any time revise these terms and conditions with notice. If we do change the terms and conditions, we will so note those changes on this page. You are solely responsible for being in compliance with the then-current terms and conditions.

Privacy and Publicity Rights

If you use materials from this web site, then you accept the responsibility for making the decision of whether there are privacy and publicity rights considerations associated with the use. Factors to consider include the type of materials and the intended use.

Privacy and publicity rights are separate and distinct from copyright. Privacy and publicity rights protect the interests of the person(s) who may by the subject(s) of the work, whereas copyright protects the copyright holder’s property interest in the work. Privacy and publicity issues can arise when using materials such as letters, diary entries, and photographs because two or more people were involved in creating the work (e.g. photographer and subject, or interviewer and interviewee).

The distinctions between privacy rights, publicity rights, and copyright can be clearly illustrated by this example: an advertiser would like to use a photograph for a print ad. The advertiser asks the photographer (who holds the copyright of the photograph) for permission, and negotiates a license to use the image. But the advertiser must also find out if the photographer had a formal relationship with the subject of the photo allowing the photographer to license the photo for all uses, or otherwise waiving the subject’s rights (such as a release form signed by the subject). If there was no formal relationship, then the advertiser also needs permission from the subject because the subject has retained both privacy and publicity rights in the use of his/her likeness. The publicity right of a subject is that his/her image cannot be used commercially without his/her consent.

Privacy rights generally end when the person in question dies. However, publicity rights from a person’s name, image or voice can continue after his or her death. For example, the estates of celebrities and public figures may continue to control and license the use of those figures’ names, likenesses, etc. While the risk of using an image in a periodical’s “editorial” pages may be lower than using one in advertising or for other commercial purposes, the risk can still be high if the person is ridiculed or presented in a libelous manner. Celebrities and other figures who seek public recognition surrender some privacy, but may still have the right to control commercial use of their image (such as likeness, voice, and signature) because image can be a commercial asset.

Copyright is protected by federal law under the United States Copyright Act, whereas privacy and publicity rights are governed by state law. What is allowed in one state may not be allowed in another. (But note that related federal causes of action, such as unauthorized use of a person’s identity to create a false endorsement, may be pursued under the Lanham Act, 15 USC 1125(a).) Fair use is a statutorily described defense to copyright infringement, but is not a defense to violations of privacy or publicity rights.

Copyright and Fair Use for Online Collection Materials (see below for Reproduction Use Fees for materials not found online)

WVM feels a strong ethical responsibility to their donors and the veterans who have consented to have their lives documented for the historical record. WVM asks that researchers approach the materials in this collection with respect for the culture and sensibilities of the people whose lives, ideas, and creativity are documented here. Researchers are also reminded that privacy and publicity rights may pertain to certain uses of this material.

WVM allows anyone to use or copy content from this site consistent with the defined fair use exceptions of United States copyright laws. WVM also hereby permits students currently registered in a bona-fide educational institution anywhere in the world to make use of such content for purposes directly relating to their studies, provided no profit or remuneration is gained from any work, including such a use or copy, and provided appropriate scholarly references are given in which the source is listed as "Wisconsin Veterans Museum." For citation purposes, the relevant URL, prefixed by "/..." is recommended to allow legitimate checking and future citation of such sources.

In the case of imagery obtained from this web site, and used only as permitted above, images may be copied or distributed provided each and every such image bears the following credit line: "Image courtesy of Wisconsin Veterans Museum." This credit line must appear along either the vertical or horizontal margin of said image(s) or in a List of Illustrations or Table of Figures within the same document in which they are used. No images or content in any form from this site may, in any manner or by any means, be used for commercial purposes without first obtaining written permission from the Wisconsin Veterans Museum.

WVM allows access to these materials strictly for educational and research purposes. The written permission of the copyright owners and/or other holders of rights (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions. Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item.

Researchers or others who would like to make further use of these collection materials should contact the WVM for assistance.

REPRODUCTION USE FEES for Collection Materials not available online

Reproduction use fees for Collection Materials that are not available online are charged per use and are in addition to a $5 processing fee for digital delivery and a $10 processing fee for CD copies. Non-profit projects must supply a state or federal non-profit ID number. Use fees for orders of multiple items may be negotiable.

If you have questions or concerns, please contact reference.desk@dva.wisconsin.gov

WVM reproduction use fees:

Print Media—Images Use Fee
Circulation: 4,999 or less $20
Circulation: 5,000 to 29,999 $40
Circulation: 30,000 to 99,999 $100
Circulation: 100,000 to 199,999 $150
Circulation: 200,000 or more $200
   
Other Media—Images and Oral Histories Use Fee
Display or Exhibit $25
Television, Video, DVD, or Film $50*
Web site $50
   
Other Uses— Images and Oral Histories Use Fee
News Media No Fee
Non-Profit $10
Students/Educators $5

 

*Use fee for still images and oral histories. WVM moving image film footage has a use fee of $20 per second.

Credit line

Users must cite WVM as the source for all Collection materials on this site and within the Collection. For details about citation, copyright and licensing information please contact our Reference Desk at reference.desk@dva.wisconsin.gov.

Thank you for respecting the rights of the Wisconsin Veterans Museum and other copyright holders.

Copy Right and Legal Information

The Wisconsin Veterans Museum is an educational activity of the Wisconsin Department of Veterans Affairs.