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Conditions

Conditions ordering photographs

1. Photographs and digital scans can only be made if the document concerned has been approved for reproduction purposes.
2. In all cases whereby the RKD Foundation owns the publishing rights or any other rights regarding publication of the material (hereafter referred to as publication) then a request for publication must be submitted in writing. This request can be directed to the RKD Foundation stating the name of the department or staff member who processed the order and the following information:
 a) Images: artist’s name, title of the art work, and preferably also: last known location, collection or auction, negative number, IB number, image number or barcode (if present), a photocopy of the art work.
 b) Archive material: title of the archive/collection, inventory number (if present), object description, barcode (if present).
 c) Publication: name of the author or editor, title of the publication, name of the publisher, year and place of publication, name of the museum (if applicable), issue.
3. If material is reproduced which does not fall under the copyright of the RKD Foundation then the user must have prior permission by the artist, author, photographer and/or publisher of the book, catalogue or magazine from which the copy was made. This does not apply to material to which the rights have expired. The user indemnifies the RKD Foundation against liability which may arise from publication of the material.
4. The publishing party is in all cases and at all times obliged to place photo credits next to the published image or in a list of photo credits. This is in accordance with the conditions stated in the letter of authorisation for use in publication.
5. The RKD Foundation receives a free copy of the publication containing the reproduced image, unless other prior arrangements were made.
6. Authorisation for publication is only issued for images stated in the request for publication. A request for publication must be submitted for each republication, reimpression or for use in other publications.
7. The RKD Foundation would like to emphasis the following:
 a) As stated in the Dutch Copyright Law, if the depicted object is of a work by a living artist or an artist who died no longer than seventy years previously then the artist, or the heir or legal representative of the artist has rights regarding publication of the object;
 b) In the case of publication of an archive record owned by the RKD Foundation, the user of the photograph is obliged to obtain prior permission by the author of the manuscript or letter, the person(s) mentioned in the archive and their heir(s) or legal representative(s). See for further information the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens).
 c) In addition to copyrights, publication of portraits is subject to conditions regarding portrait rights as stipulated in the Dutch Copyright Law. The user of the photograph is obliged to obtain prior permission of the person portrayed, or their heir up to ten years after the death of the person portrayed, in the case of a commissioned portrait.
8. The user of the visual and textual documentation owned or managed by the RKD Foundation indemnifies the RKD Foundation against liability which may arise due to publication of the material.