Streamlined Licensing for Archival Film and Video

*The following information is provided as a general guideline only - it is not intended to be used as legal advice. For specific legal advice relating to copyright law, consult with a qualified attorney.

Public Domain footage can be used editorially to inform, educate and entertain. The footage can used in whole or in part. IMPORTANT NOTE: There are “3rd party" rights issues to be aware of that have nothing to do with copyright. These include the “right of privacy”, “right of publicity” and “trademark” and are typically associated with commercial exploitation - such as advertising for products or services. For example, if you want to use selected scenes in a documentary, news program, or for educational or entertainment purposes, that’s fine. But if you want to use a clip of John Wayne in a Pepsi commercial, you’ll need clearance from his estate. As a general rule of thumb, if you plan to use selections from Public Domain material for commercial advertising purposes, use generic shots instead of celebrities or trademarked characters.

If you have further questions or need specific legal advice for your particular project, consult with a qualified attorney. For more information, please review our Public Domain Usage Guidelines

In consideration of payment of the License fee listed, Licensor grants to Licensee a non-exclusive License to use the MEDIA (defined below), in whole or in part, subject to the following terms and conditions:

PERMITTED USE: For use in and in connection with Licensee’s Production in any and all media whether now known or hereafter devised, worldwide in perpetuity, as well as in advertising, publicity and promotion of the Production subject to the following representations / warranties / indemnities.

REPRESENTATIONS / WARRANTIES / INDEMNITIES: Licensor warrants that the media falls into one or more of the following categories...

a. U.S. Public Domain
b. Unregistered for copyright protection
c. Unrestricted Access, U.S. National Archives
d. Unknown publication information (Archival TV Commercials & PSA’s)
e. Shared Media Access – Live Events

Licensor does not grant any rights or make any warranties with regard to the use of names, people, trademarks, logos, music, or locations depicted in the media. Licensee is solely responsible for obtaining any and all legally necessary releases, consents and authorizations as may be or may prove to have been required in connection with Licensee’s use of the media and for all payments with respect thereto. Licensee agrees to defend, indemnify and hold Licensor harmless against all liability, loss, damage, cost and expense, including reasonable outside attorneys’ fees, paid or incurred by Licensor in connection with Licensee’s failure to comply with the above limitations. Licensor's sole responsibility for any liability arising from Licensee's use of the media is limited to a refund of the license fee paid.

Additional Terms: All rights in and to the Production shall be owned solely by Licensee and Licensee may assign its rights and obligations as it deems appropriate. Licensee may not share, sublicense, resell or redistribute the media for use as stock footage. Licensor’s exclusive remedy for any breach of provisions by licensee shall be an action at law for money damages (if any) and in no event shall Licensor be entitled to injunctive or equitable relief. This License Agreement constitutes the entire agreement and complete understanding of the parties, and cannot be modified except by a written instrument signed by Licensee and Licensor.

Single Project Use
In consideration of payment of the License fee listed, Licensor grants to Licensee a non-exclusive License to use the MEDIA in whole or in part, subject to the following terms and conditions:

PERMITTED USE: Rights managed, All media, Single Project. For use in and in connection with Licensee’s Production in any and all media whether now known or hereafter devised, worldwide in perpetuity, as well as in advertising, publicity and promotion of the production subject to the representations / warranties / indemnities.

REPRESENTATIONS / WARRANTIES / INDEMNITIES: This Media is owned and/or represented by the Licensor and use is granted on a non-exclusive basis for a single project.

Licensor does not grant any rights or make any warranties with regard to the use of names, people, trademarks, logos, music, or locations depicted in the material. Licensee is solely responsible for obtaining any and all necessary releases, consents and authorizations as may be or may prove to have been required in connection with Licensee’s use of the Material and for all payments with respect thereto. Licensee agrees to defend, indemnify and hold Licensor harmless against all liability, loss, damage, cost and expense, including reasonable outside attorneys’ fees, paid or incurred by Licensor in connection with Licensee’s failure to comply with the above limitations. Licensor's sole responsibility for any liability arising from Licensee's use of the media is limited to a refund of the license fee paid.

ADDITIONAL TERMS: All rights in and to the Production shall be owned solely by Licensee and Licensee may assign its rights and obligations as it deems appropriate. Licensee may not share, sublicense, resell or redistribute the media for use as stock footage. Licensor’s exclusive remedy for any breach of provisions by licensee shall be an action at law for money damages (if any) and in no event shall Licensor be entitled to injunctive or equitable relief. This License Agreement constitutes the entire agreement and complete understanding of the parties, and cannot be modified except by a written instrument signed by Licensee and Licensor.