MEDIA PERMISSION REQUEST AND AGREEMENT FORM Please print clearly. Return completed and signed form to pahma-mediapermissions@berkeley.edu 1. Requestor’s Contact Information Name Company Address City Telephone Email State Zip code 2. Materials Requested ⃝ Image(s) ⃝ Film Museum (PAHMA) catalog # and Cultural Group: Description: 3. Usage Rights Category of Use: ⃝ RESEARCH ONLY Respond to all questions appropriate for your project. Please print clearly. ⃝ PRINT: ⃝ Textbook ⃝ Catalog ⃝ Journal ⃝ Magazine ⃝ Exhibition Publisher Author/Editor ⃝ FILM, VIDEO, DVD & TELEVISION Producer(s) Name(s) Channel/Networks Scheduled Airing Date(s) & Time(s) ⃝ ELECTRONIC ⃝ CD-ROM ⃝ Website URL ⃝ Other Digital Delivery please specify ⃝ OTHER Please explain 4. Rights Requested ⃝ North American/English ⃝ Worldwide/one language ⃝ Worldwide/all languages Title (book/product/program/exhibition) Publication/Distribution Date Print Run/No. of Units: ⃝ <3,000 ⃝ 3 – 10,000 ⃝ >10,000 Image Type: Reproduction Size: ⃝ Color ⃝ B&W ⃝ Cover ⃝ Spread ⃝ Full Page ⃝ ½ Page ⃝ 1/3 Page ⃝ ¼ Page pahma@berkeley.edu • (510) 642-3682 • hearstmuseum.berkeley.edu 103 Kroeber Hall • University of California • Berkeley, CA 94720-3712 5. Payment Information page 2 of 3 Bill to: Ship to (if different from billing address): Name Name Company______________________________________ Company______________________________________ Address_______________________________________ Address_______________________________________ City__________________________________________ City__________________________________________ State Zip State Zip Telephone_____________________________________ Telephone_____________________________________ Email_________________________________________ Email_________________________________________ >UCB Departmental Chart String: >UC Departments please indicate your BFS Chart String so that we can charge your unit by Journal Entry. Licensee agrees to pay to PAHMA all photographic charges and postage and handling fees in accordance with PAHMA’s posted fee schedule. Licensee agrees to send to PAHMA one copy of the finished book. ⃝ Invoice me Licensee shall pay to PAHMA the full amount of all fees, due on receipt of the PAHMA’s invoice. Make check payable to Regents of the University of California, include reference to the PAHMA invoice number, and deliver to: Media Permissions Phoebe A. Hearst Museum of Anthropology University of California at Berkeley 103 Kroeber Hall #3712 Berkeley CA 94720 ⃝ Charge my credit card: ⃝ VISA ⃝ MasterCard Card no. Name on card Signature Expiration 6. Permission The Phoebe A. Hearst Museum of Anthropology, University of California at Berkeley, grants the one-time, nonexclusive right to the undersigned Licensee to reproduce the materials indicated in this agreement for the usage indicated herein. The granting of rights for PAHMA materials is contingent on the payment of all fees. Payment in advance of publication or production of product is required. By signing this form, the Licensee confirms the accuracy of the above representations and agrees to comply with the terms of this document, and any additional terms attached to this form by PAHMA. If the request is approved, a fully executed copy of this agreement will be returned with an invoice and the materials for which the permission has been granted. All reproductions must show the following credit: ⃝ Copyright © Phoebe A. Hearst Museum of Anthropology and the Regents of the University of California, Photography by , (Catalog No. ⃝ Courtesy of the Phoebe A. Hearst Museum of Anthropology and the Regents of the University of California, Photography by , (Catalog No. ) ) I have read and understood this agreement and accept its terms and conditions For Phoebe A. Hearst Museum of Anthropology, University of California at Berkeley Licensee (please print) ⃝ PAHMA DIRECTOR ⃝ AUTHORIZED PAHMA Title Name Signature Signature Date Date Return completed and signed form to pahma-mediapermissions@berkeley.edu 7. Terms and Conditions PERMISSION This document identifies the following: (A) the intellectual property – images, data or text – (“Property”) in the possession of the Phoebe A. Hearst Museum of Anthropology (“PAHMA”); (B) the requestor (“Licensee”) who seeks to use the Property; and (C) the Licensee’s intended use of such Property. When signed by PAHMA, PAHMA grants to the Licensee the right to reproduce the Property, subject to the following conditions: (a) the right is nonexclusive and non-transferable; (b) the right is subject to the terms and conditions and representations set forth in this entire document; and (c) the right is subject to any fees or other attachments that shall be deemed an integral part of this agreement. WARRANTY AND ACCEPTANCE Licensee hereby warrants the accuracy of the representations made in this agreement. Licensee agrees to publish the Property only in accordance with the terms of this agreement and to comply with all its terms. Licensee agrees that each permission is for one time use, and any further or subsequent use of the Property is subject to the execution of an additional permission agreement and fees. Licensee further agrees that it shall not alter the Property without the express written permission of PAHMA. DELIVERY PAHMA will endeavor to deliver the requested Property with four (4) weeks of the acceptance of Licensee’s request. Prepayment is required. The Property will be emailed or sent First Class postage, unless Licensee specifies and agrees to pay for special delivery. Purchased physical media of the Property need not be returned, unless specifically requested; in any case the Property may not be reproduced again without an additional permission agreement. RIGHTS AND COPYRIGHT PAHMA shall at all times retain all rights to the Property, including copyright where applicable, and Licensee agrees to exercise due care in the protection of such rights. Licensee agrees that no part of the Property may be reproduced in any form without PAHMA’s express written consent, and that any reproduction of the Property must include the credit line indicated in this agreement. Licensee agrees to undertake other such measures as may be reasonably requested by PAHMA to assist in the tracing of any unauthorized copies. If PAHMA does not hold the copyright to the Property, Licensee agrees to obtain the permission of the copyright holder prior to publication, to pay any necessary fees in connection with such permission, and to hold PAHMA harmless in the event that such permission is not obtained. TERMINATION In the event the Licensee shall fail to keep, perform, or observe the terms and conditions of this agreement, including prompt payment of royalties, PAHMA shall have the right to terminate the permission agreement on fourteen (14) days’ written notice by Certified Mail, Return Receipt Requested, to Licensee. During these fourteen (14) days, Licensee shall have the right to remedy such failure(s). When PAHMA receives evidence of such remedy, the termination notice shall have no further force or effect. advertising without PAHMA’s prior express written consent. ASSIGNMENT The Licensee shall not assign this permission to any third party without the prior express written consent of the PAHMA, and any purported assignment without such consent shall be void. RELATIONSHIP OF THE PARTIES Licensee is an independent contractor and nothing contained in this permission shall be deemed or interpreted to constitute Licensee to be the agent or legal representative of PAHMA for any purpose whatsoever. Licensee is not granted any right or authority to assume or crate any obligation or responsibility, expressed or implied, on behalf or in the name of PAHMA, or to bind PAHMA in any manner or fashion whatsoever. ENTIRE AGREEMENT AND AMENDMENTS This permission agreement contains the entire agreement between the parties. No amendments or modifications to this permission agreement shall be effective unless made in writing and signed by an authorized representative of both parties. LAW This permission agreement shall be construed in accordance with and governed by the laws of the State of California. USE OF NAMES Except for publication in recognized research journals or otherwise in connection with other academic or scholarly purposes, including the references required under this permission agreement, Licensee shall not employ or use the names Phoebe A. Hearst Museum of Anthropology or University of California at Berkeley in any publications, promotional materials, or page 3 of 3