Rules for the Provision of Digital Images

Rules for the Provision of Digital Images of
CMWL Museum Objects via the Online Collection portal

The conditions for the use of a digital image of an object depend on its copyright status. This status is indicated for each object individually.
Objects in the public domain

a) Digital images of these objects are presented on the portal in standard online resolution and marked as: public domain.
b) The preparation and provision of high-resolution digital images (e.g. TIFF files) is subject to a fee in accordance with the CMWL Price List:

preparation and one-time online delivery of a digital copy for non-commercial use – PLN 35 gross
preparation and one-time online delivery of a digital copy for commercial use – PLN 118 gross

c) The price for providing a digital image of an object in the public domain is independent of the number of fields of use in which the image will be used.
d) The fee covers only the cost of preparing and providing the digital copy and does not constitute a fee for the right to use an object that is in the public domain.
e) Orders for images marked as public domain are processed via the online ordering system:
– Until the “Buy and Pay” button (or similar wording) is clicked, the User may freely modify their order.
– The User may choose payment via the PayU payment system or request the issuance of a pro forma invoice.
– By selecting the appropriate checkbox in the form, the User consents to the immediate commencement of the order processing for the delivery of digital files (images of museum objects) after payment, acknowledging that they thereby lose the right to withdraw from the contract pursuant to Article 38(13) of the Consumer Rights Act.
– Failure to pay through the PayU system or failure to pay the pro forma invoice within 5 working days from its issue and delivery by CMWL shall be deemed a withdrawal of the order by the User.
– The order will be fulfilled by CMWL within 5 working days (working days throughout these Rules mean Monday–Friday excluding public holidays and days when CMWL is closed) from the date the payment is received by the museum.
– Once the order processing has begun and the digital files have been delivered, the User does not have the right to withdraw from the contract.
– By submitting the order, the User confirms that they have read and accepted the above conditions and express their explicit and voluntary consent by selecting the relevant checkbox in the order form.

3. Objects protected by copyright for which CMWL holds economic rights or a licence

a) Digital images of these objects are presented on the portal in standard online resolution and marked as: © CMWL or © reserved – CMWL licence.
b) The preparation and provision of high-resolution files is subject to a fee in accordance with the Price List:
– one-time online provision of a digital copy for non-commercial use – PLN 35 gross
– one-time online provision of a digital copy for commercial use – PLN 118 gross
c) The price for providing a digital image of an object protected by copyright depends on the number of fields of use in which the User intends to use it and is specified in the licence agreement proposed by CMWL.
d) Both commercial and non-commercial uses of such images require the conclusion of a separate licence agreement.
e) Orders for images of objects protected by economic copyright are processed by submitting an online application:
– The User submits a request by completing all required fields in the application form.
– Based on the data provided in the application, CMWL prepares a draft agreement and sends it electronically to the User within 10 working days.
– The User accepts or rejects the agreement within 5 calendar days.
– If accepted, the User sends two signed copies of the agreement to CMWL.
– After receiving the signed agreement, CMWL sends one signed copy back to the User and issues an invoice.
– The User shall pay the invoice within 7 calendar days from the date of receipt.
– Failure to make the payment within the deadline shall be deemed a withdrawal of the application.
– The order will be fulfilled within 5 working days after payment is received.

4. Commercial and non-commercial use of images

a) Non-commercial use means the use of images in activities that are not intended to generate profit, for example: academic research, scholarly publications made available online, bachelor’s, master’s and doctoral theses, non-commercial popular science or educational blogs, non-commercial websites, free publications, educational materials. This category also includes non-commercial use in cultural activities, in particular exhibitions and their promotion, carried out by museums in Poland and, on the basis of reciprocity, museums established in EU Member States, the Swiss Confederation, and EFTA Member States that are parties to the European Economic Area Agreement.

b) Commercial use means any activity intended to generate income or connected with profit-making activities, such as: promotional campaigns, advertising, commercial websites, any paid publications (including exhibition catalogues).

5. The User is required to respect the moral rights of the creators. Whenever images of museum objects are used — whether for commercial or non-commercial purposes — the following must always be indicated: the name of the author of the work (if known), the source of the image: Central Museum of Textiles in Łódź. This obligation also applies to works in the public domain.

6. The User may not use a digital image of a museum object protected by copyright for purposes or in fields of use other than those specified in the application form and licence agreement, in particular in additional fields of use.

7. Online payments within the Online Collection portal are handled by the payment operator PayU. Payments of invoices via bank transfer are processed through VELOBANK and PKO BP. Basic User data necessary for processing payments and providing image-licensing services are processed by the above operators and by CMWL.