Image use policy
New Zealand Maritime Museum Hui Te Ananui a Tangaroa (further - NZMM) aims to provide open access for users (further – user/s) where possible, to its digitised collection on the Online Collection page on the NZMM website (https://www.maritimemuseum.co.nz/collections/online-collection) free of charge according to the Terms and Conditions of this Policy.
The user/s must familiarise themselves with this Policy before downloading and reusing the images.
Terms and conditions of image use
1.1. The New Zealand Copyright Act 1994 (further – the Act) applies to the NZMM website. It is the website user/s’ responsibility to ascertain and comply with copyright requirements when reproducing and reusing that material.
1.2. Copyright is a legal right that permits the copyright owner to have an exclusive right to copy and show their work (including but not limited to literary works, and artistic works such as graphic works, photographs, sculptures, collages, or models) in public, and to authorise third parties to copy and use the work for a defined period on agreed terms and conditions.
1.2. There are different copyright durations depending on the type of copyright work and when and where it was created.
1.3. The content of the NZMM website page Online Collection is partly owned by NZMM and partly published according to a formal agreement with the copyright owner/s.
1.4. NZMM allows use of some images from the section “Online Collection” under a Creative Commons licence. These licences grant public permission to copy and/or publish those images in certain ways subject to certain conditions. Under the Creative Commons licences NZMM retains copyright as per the Act for content NZMM has created or owns. Details of the particular Creative Commons licences NZMM uses are set out below.
1.5. If there is no Creative Commons licence for the content, the user/s must request NZMM's permission to reproduce any copyrighted image, before publication or reproduction.
1.6. To allow use NZMM applies the following licences where content is not restricted:
1.6.1. CC BY Commercial and non-commercial use licence.
This license allows user/s to distribute, remix, adapt, and build upon the material in any medium or format, so long as attribution is given to the creator. The license allows for commercial use. CC BY includes the following elements:
BY - Credit must be given to the creator
If this licence, applies to an image, the given symbols will be present on that image’s Online Collection web page.
1.6.2. CC BY-NC NZ Creative Commons Attribution Non-commercial licence.
This licence is used when NZMM is the copyright holder or material has been acquired under this licence. This license allows user/s to distribute, remix, adapt, and build upon the material in any medium or format for non-commercial purposes only, and only so long as attribution is given to the creator. It includes the following elements:
BY - Credit must be given to the creator
NC - Only non-commercial uses of the work are permitted
NOTE: Images of items from cultural collections can only be used under the CC BY-NC Licence
If this license, applies to an image, the given symbols will be present on that image’s Online Collection web page.
1.6.3. Copyright undetermined – untraced rights holder.
Applies to orphan(ed) works where there is no known creator, or, considering available resources, after reasonable effort found an untraceable creator or copyright owner, and the copyright has not yet expired.
In case the copyright has expired, this image can be reused and shared without restriction.
1.7. Copyright or other restrictions may apply:
When the image is under copyright and restrictions are placed on copying and reuse, the image cannot be copied, shared or reused other than as expressly permitted under the Act.
1.8. If the website user/s happen to be a copyright owner of the material placed on the NZMM website under the status implying unknown copyright, they are encouraged to notify NZMM about their ownership.
NZMM fully complies with the Act. If user/s find any unintentional infringement of copyright, or a breach of an agreed licence or contract, they are highly encouraged to contact NZMM.
2.1. If user/s download and use an image from the Online Collection page of the NZMM website, they must acknowledge the creator and NZMM as the source in the following manner:
[Credit line *will be located on the website page with the image or needs to be requested from NZMM if not present*], New Zealand Maritime Museum Hui Te Ananui a Tangaroa, [Online Collection record URL (accessed on the [date and time of the image download] ], [registration number of the item *will be located on the website page with the image*].
3. Further rights
3.1. NZMM endeavours to provide usage rights information for each item on this website. If the information is not provided on the website and/or is not clear, the user/s must contact NZMM.
3.2. Images of people must be treated with respect.
As many of the people in the images are not identified, this medium may aid in the identification of people and the reunion of family members, and the reunion with place and cultural practices. NZMM acknowledges the right of descendants, kaitiaki, advisors or stakeholders to request the removal of any images provided on this platform.
3.3. Any images depicting tangata whenua or taonga Māori or Pasifika are of significant cultural importance to whānau, hapū and iwi.
These images and associated information must be used only for research, study, personal and educational purposes.
If user/s intend to use such images for any other purposes, they must make a request to NZMM.
3.4. NZMM reserves the right to refuse to supply material or to withdraw approval, where the context of the reproduction is deemed to be unsuitable, inappropriate or contrary to the copyright owner or the NZMM.
Permission to reproduce the material will immediately terminate if the user/s breach any term of this Policy.
4. Other matters
4.1. NZMM protects privacy and personal data of its stakeholders. This includes names, addresses, contact details, and other personal details according to the New Zealand Privacy Act 1993 and individual agreements between stakeholders and NZMM.
4.2. For all enquiries, please write to email@example.com or by post.