Access to and use of any and all text, artwork, photographs and other files and data on this web site (the Site) are subject to the following terms and conditions:
1. Copyright laws protect the Site’s software, documentation, electronic text and image files, audio and video clips, and other material, including reproductions of works of art licensed to the Birmingham Museum of Art by third parties (the “Licensed Works”)¹; other restrictions may also apply. The Birmingham Museum of Art (the “Museum”) retains all rights, including copyright, image, text, and any other information contained in the Site (except for the Licensed Works) which are referred to collectively herein as the “Material(s).” Copyright and other proprietary rights in the Materials may be held by individuals and/or entities other than the Museum. The Museum expressly prohibits the copying, display, publication, distribution, modification, or exploitation for commercial or other purposes of any protected Material(s) on the Site, except for the purposes of fair use as defined in the copyright laws, and as described below.
2. Fair use of copyrighted material includes the use of protected Material(s) for limited, purely non-commercial education purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Unless otherwise noted, users who wish to download or print data, text, image, or other files included in the Materials may do so without the Museum’s prior express permission. Users must, however, cite the author and source of this material as they would material from any printed or other work, and the citations should include the URL “https://bma.kinetic.com.” The Museum does not warrant or represent that use of Material(s) displayed on the Site will not infringe the rights of third parties not owned or affiliated with the Museum.
3. Any party wishing to use any of the data, text, image, or other files included in the Materials from the Site, for purposes other than fair use as defined by law, must request and receive prior written approval from the following:
Birmingham Museum of Art
Department of Rights and Reproductions
Permission for such use is granted on a case-by-case basis at the sole discretion of the Museum. A usage fee may be involved depending on the type and nature of the proposed use.
4. Without limiting the foregoing, all Materials on the Site are provided “As Is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement.
5. Many of the trademarks, service marks and logos (collectively, “Trademarks”) displayed on the Site, including Birmingham Museum of Art and BMA, are registered and/or unregistered marks of the Birmingham Museum of Art. The Trademarks of third parties may also be displayed on this Site. Nothing contained in the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on the Site without written permission of the Museum or any third party that may own the Trademarks displayed on the Site.
6. Reproduction, including downloading of ARS represented works is prohibited by copyright laws and international conventions without the express written permission of Artists Rights Society (ARS), New York.