SD Oral History Center

Terms and Commercial Use

Terms of Use

Upon filling in my initials, on the South Dakota Oral History Center's Interview and Transcript Request Page, stating that I understand the Center's Terms of Use, I know:

  1. That permission to use the requested materials is ONLY for the project described under "Description and/or working title of research" on the Interview & Transcript Request page.
  2. That the use of and access to certain materials may be restricted by donor agreement or the South Dakota Oral History Center policies/procedures/regulations on behalf of the Department of Native Studies at the University of South Dakota. 
  3. That the Department of Native Studies and the South Dakota Oral History Center reserves the right to restrict the use of unprocessed materials, books, photographs, and documents which are unique and/or exceptionally fragile. 
  4. That use of some materials may require ultimate approval of the Director of the Department of Native Studies and the South Dakota Oral History Center reserves the right to restrict how I may ultimately use the information held within the South Dakota Oral History Center, on behalf of the Department of Native Studies at the University of South Dakota.
  5. That it is my responsibility to determine the copyright status or to obtain the required permissions before publishing or distributing material from the South Dakota Oral History Center's collections.
  6. That if I am to publish any materials from the South Dakota Oral History Center collections, I must complete the South Dakota Oral History Center's Permission to Publish Form AND receive permission from the SD Oral History Center to publish these materials.
  7. That any South Dakota Oral History Center materials that are subsequently used in published works must include the following citation:
    • For Recordings and Recording Materials: Research data obtained through the archives of the South Dakota Oral History Center, on behalf of the Department of Native Studies at University of South Dakota, Vermillion, SD. [Collection Name and Tape Number.]
    • For Photographs: Photograph obtained through the archives of the South Dakota Oral History Center, on behalf of the Department of Native Studies at University of South Dakota, Vermillion, SD. [Collection Name and Photo Number.] 
    • For Cash Library Materials: Materials Citation. Information obtained through the archives of the South Dakota Oral History Center, on behalf of the Department of Native Studies at the University of South Dakota, Vermillion, SD.
  8. That I am free to address any specific questions regarding this agreement prior to submitting my request, and I agree that my failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this agreement.
  9. This agreement, and intend it to be a binding instrument.

Failure to uphold this agreement will result in the termination of your ability to use the South Dakota Oral History Center's collections indefinitely and result in you taking any responsibility for infringement of copyright or other U.S. laws.

Printable Copy of Terms

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Protocol on Commercial Use

Upon answering "YES" when asked: "Are you familiar with the Center's protocol on commercial use?" I am stating that I understand the following:

  • Permission to publish, reproduce, broadcast, or otherwise disseminate information materials from the South Dakota Oral History Center [SDOHC], on behalf of the Department of Native Studies at the University of South Dakota does not constitute permission from the holder of copyright or literary rights. The materials within the SDOHC are protected under the copyright law of the United States (Title 17, U.S. Code).  The researcher is responsible for securing permission from the copyright holder to publish or reproduce content from materials found in the collections.  The SDOHC does not own the copyright to materials in the collections unless such rights have been specifically granted by the author, the author's heirs, or assigns.  The SDOHC does not assume any legal responsibility for any infringement of literary, copyright or publication rights belonging to the author, heirs or assigns.
  • In granting permission to publish, reproduce, broadcast, or otherwise disseminate materials held in the SDOHC, the Center does not surrender its own right to thereafter publish materials or grant others permission to publish materials.
  • SDOHC materials used in any published works must include the following citation: Research data obtained through the archives of South Dakota Oral History Center on behalf of the Department of Native Studies at the University of South Dakota. [Collection Name and Item Number.]
  • SDOHC Photographs must include in the caption: Name/Title of Item, Year, South Dakota Oral History Center.
  • Permission to publish is granted for a one-time, non-exclusive use.  All terms of the agreement cease upon completion of the project described under the Researcher Information -- Demographic Form.
  • Materials specified in this agreement are not to be further reproduced, sold, shared, or given to another person, company, or institution for any purpose, without the express written permission of the SDOHC.
  • The applicant will defend and hold harmless the SDOHC, the Department of Native Studies, the University of South Dakota, and the South Dakota Board of Regents, including officers, employees and representatives against all claims, demands, costs, and expenses including attorneys' fees incurred by copyright infringements or any other legal or regulatory cause of action arising from use of SDOHC materials.
  • Receipt of a copy or digital reproduction of material from SDOHC does not constitute permission to publish.  Publication, broadcast or reproduction requires the written permission of the SDOHC or designee.  Moreover, when the SDOHC does not hold copyright to the image, document, recording or publication, the researcher is responsible for securing permission from the copyright holder to publish, broadcast or otherwise reproduce content from materials found in the SDOHC.
Researcher's must submit the Oral History Center's Permission to Publish Form if they wish to reproduce, broadcast, or otherwise disseminate information from published and unpublished works held by the SDOHC for publication.  Only when this form is signed by an authorized South Dakota Oral History agent and a copy returned to the researcher does it constitute permission to publish. The SDOHC reserves the right to decline permission to publish at its own discretion.

You are free to address any specific questions regarding this agreement prior to signing, and agree that your failure to do so will be interpreted as a free and knowledgeable acceptance of the terms of this agreement.

Printable Copy of Commercial Use