Terms of use for Digital Reproductions and Access Rights
Binding Terms of Use for the Request and Utilisation of Digital Reproductions
The applicant or user seeks to obtain and reuse one or more digital reproductions of works from the Ghent University Library (hereinafter: “Reproductions”) and, by submitting the request, accepts the following terms and conditions under which Ghent University provides these Reproductions:
Article 1: Copyright
1.1 The applicant acknowledges that the works for which a digital reproduction is requested may still be protected by copyright. Ghent University does not undertake rights clearance.
1.2 The applicant shall therefore comply with the applicable copyright legislation and shall only request and use the Reproductions if the applicant has obtained the necessary authorisation from the rights holders, or if the use falls within the scope of a statutory exception to copyright.
1.3 The Reproductions provided by Ghent University are produced on behalf of and at the responsibility of the applicant, and therefore entail no copyright implications for Ghent University. In accordance with the Directive (EU) on copyright and related rights in the Digital Single Market, Ghent University does not claim copyright over digital reproductions.
Article 2: Indemnification
2.1 The applicant shall fully indemnify and hold Ghent University harmless against any and all claims brought by third parties against Ghent University in connection with infringements of copyright (or any other intellectual property rights) arising from the applicant’s use of the Reproductions.
2.2 Ghent University’s liability under these terms shall, in any case, be limited per Reproduction to an amount equal to the fee paid by the applicant pursuant to these terms.
Ghent University shall not be held liable for any indirect or consequential damages incurred by the applicant, including but not limited to loss of profit, loss of sales, or loss of data.
2.3 Neither Ghent University nor the applicant shall be held liable for any delay in, or failure to perform, any obligation under these terms where such delay or failure results from circumstances beyond the reasonable control of the party concerned.
Article 3: Complaints and Take-Down Procedure
3.1 The copyright status of each digital work has been determined with due care. Should you, notwithstanding our precautionary measures, encounter an online source which, in your view, infringes copyright or other intellectual property rights, please notify us at libservice@ugent.be. You may also contact us if you possess additional information concerning a work whose rights status remains unclear.
Article 4: Applicable Law and Disputes
4.1 The validity, interpretation, and performance of these terms shall be governed by Belgian law.
4.2 Any dispute relating to the conclusion, validity, execution and/or termination of these terms shall fall under the exclusive jurisdiction of the Court of First Instance in Ghent, Ghent Division.
Prior to instituting legal proceedings, however, both parties shall negotiate in good faith with a view to resolving their dispute amicably.
Access Rights
Access rights determine who may consult the collection, under which conditions, and in what context.
There are two categories:
- Publicly accessible: these digital items are freely available to all users, both within and beyond Ghent University. They comprise works in the public domain, or works published prior to 1918, for which copyright protection may sometimes be uncertain. The images can be viewed directly online without the need for login credentials.
- Ghent University only: these digital items may still be protected by intellectual property rights (such as copyright) or by privacy legislation (GDPR). For works subject to copyright, Ghent University relies on the statutory exception for teaching and research to make them available to its scholars. For items containing personal data, appropriate measures are taken to safeguard privacy in accordance with the GDPR. A login is required to view and download these images.