Saturday, October 25, 2014

NO MORE LICENSING FOR PUBLICATION USE

Notice: LICENSING FOR PUBLICATION USE HAS BEEN SUSPENDED (October 25, 2014).

This means that, regrettably, no more requests to use images can be processed or accepted.
Very sorry - pictures can no longer be made available upon request, so you will need to look elsewhere.


[Note: To inquire about licensing images shown credited as being "from the Bruce C. Cooper Collection," please click here to contact them directly.]

So, please don't send us any more requests to use pictures. All requests for license for still images under the CPRR.org User Agreement must be declined.

After 15 years, the CPRR Museum continues to remain open for educational online viewing, but, unfortunately, our licensing program doesn't respond well to abuse and threats and consequently will no longer be able to offer images or other content for licensed publication. About half the time our limited resources were being completely wasted when requested images were not used after we spent hours or days on subsidized artwork to fulfill licensing requests. Our artwork is also frequently plagiarised.

But, receiving the messages shown below was the last straw. Very sorry that such unconscionable behavior has spoiled it for us and everyone.

We have long gone to extraordinary lengths to explain what we needed to make the licensing program viable, what it would cost, and required that anyone requesting permission to license image(s) accept that:
I AGREE — e-mail to place an order
for a license to reproduce still images
ORDERS ONLY! — ALL ORDERS FINAL!
As the User Agreement also explains, it is impossible to view any image on the CPRR Museum website without your first sending us the message string "I_ACCEPT_the_User_Agreement" as part of the internet address for each and every image.

This situation has become intolerable and has now necessitated dissolution of the licensing entity, so regrettably there will be no opportunity for exceptions, no one to respond to licensing requests, and those needing licensed images will need to look elsewhere.

Note: Although, regrettably, new licenses will no longer be available, existing image licenses provide for reuse with a 75% reuse fee, which, if applicable, should simply be remitted by clicking on the PayPal button, prior to such reuse.

Here is the unsolicited order that lead to this suspension of licensing:


"RE: Request for CPRR image for use in a documentary"

" ... We are looking to clear for World All Media (excluding theatrical and commercials) 10 years ...



" ... We would also want DVD clearance (multiple languages) – And multiple language in the initial licensing as well ... "


"Having taken legal advice on this matter I have been informed that I have no legal obligation and as such I will not be paying your invoice."



"Dear Sir or Madame,

We write in response to your email ... invoicing us for use of certain of your images. We maintain that we have no obligation to pay any sum to you ...

We are aware of your website and the existence of your terms of conditions ...

[Our request to you by] email was merely an invitation to you to make an offer to us to license images. No actual such offer was made and therefore, in contract law terms, no contract could have been formed as there was no offer ... to accept. ...

We do not accept that we are bound by the terms and conditions on your site as we have undertaken no action to confirm our acceptance of them. You cannot unilaterally impose contractual terms upon us.

... claiming that we are in breach of our contractual obligation to make payment to you. This is untrue ... Such false allegations are potentially defamatory and if you continue to make such allegations ... we will be forced to consider formal legal action which may result in damages being claimed against you. We will also seek to recover any legal costs we incur and interest on sums due. ... "

Wednesday, October 01, 2014

CPRR Discussion Group

Welcome to the CPRR Discussion Group at the Central Pacific Railroad Photographic History Museum.

See HOW TO POST to the CPRR Discussion Group.

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