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.


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. ... "

11 Comments:

Anonymous Anonymous said...

We don't understand the notice on your web site that Licensing has been suspended as of October, 2014. ... How can we talk to someone on your staff in person about seeking permission to use photos on your web site?

3/20/2015 7:40 AM  
Blogger CPRR Discussion Group said...

Thanks for your message, but there is no one to respond to licensing requests. We're otherwise glad to try to assist, in keeping with the CPRR Museum website's user agreement.

Please feel free to link to our CPRR Museum website.

Very sorry that the service that the CPRR Museum offered for 15 years, of licensing historic images, and that you clearly want, no longer exists. As explained above, the licensing entity was forced to shut down and stop licensing permission to use CPRR photos for other projects. Very disappointing, but the overall lack of visitor support [with some notable and very much appreciated exceptions!], and the frequent squandering of scarce and limited resources, abuse, non-payment, and the final straw adding the threat of legal liability from licensees proved intolerable.

So, unfortunately you will need to try to obtain images for your project elsewhere. We don't know which images may be available from which other collections beyond the information found on our FAQ page and by using the links provided there.

The CPRR.org website is an online virtual museum – there is no staff to provide telephone support. The circumstances necessitated dissolution of the licensing entity that you apparently want to speak with, at the end of 2014, and so it no longer exists.

If you have any other specific questions, please feel free to ask via e-mail.

Best wishes with your project.

3/20/2015 7:57 AM  
Anonymous Anonymous said...

Speaking of transcontinental railroads, who is John Galt?

3/20/2015 8:19 AM  
Anonymous Anonymous said...

Are you saying CPRR.org is not giving permission to anyone to use its photos as available on its web site, even if we pay for it?

3/28/2015 11:04 PM  
Blogger CPRR Discussion Group said...

Correct. Very sorry, cannot give permission.

As explained above, being threatened forced a licensing shut down, and there is no longer anyone to respond to licensing permission requests.

3/28/2015 11:14 PM  
Anonymous Anonymous said...

I would like to use a single photo from your collection and am happy to agree to the user’s agreement and to pay for it. ... I was also somewhat confused by the statement that 'licensing requests have been suspended.' Could you clarify that for me?

4/25/2015 11:41 PM  
Blogger CPRR Discussion Group said...

That means that unfortunately, your request must be declined.

4/25/2015 11:43 PM  
Anonymous Anonymous said...

Do you have any 'Friends' of the Museum (volunteers or staff, that may be able to advise me on anyone they know who own private collection of images that we could pay to use or give advice?

4/30/2015 7:05 AM  
Blogger CPRR Discussion Group said...

See collections and appendix.

4/30/2015 7:08 AM  
Anonymous Anonymous said...

Is the "Favorite Homework Pictures" pictures page still available?

9/19/2015 7:22 AM  
Blogger CPRR Discussion Group said...

Yes, the Favorite Homework Pictures page continues to be available for students' personal homework use for their school project this semester.

9/19/2015 7:25 AM  

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