Documents of 20th-century Latin American and Latino Art

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Documents of 20th-century Latin American and
Latino Art Copyrights Procurement Process

The ICAA intends to obtain all authorizations from authors, publishers and institutions that it believes are reasonably necessary in order to comply with applicable copyright laws. In furtherance of this policy, the ICAA has undertaken numerous steps, beginning with efforts initiated by its nine partner institutions and research teams during the Document Project’s recovery phase. This initial process included researching and locating the holders of applicable copyrights and in many cases establishing contact with them. In each case in which contact was made, the holder received a Copyright Permission Agreement Form explaining the ICAA’s educational mission as well as its commitment to research and scholarship. This form also specified the document and source for which the ICAA sought permission as well as the different formats in which the ICAA may publish the work.

In an effort to contact the possible copyright holders for those documents for which the ICAA or its affiliates were unable to establish direct contact, or for which research did not produced sufficient information to determine who these parties may be, the ICAA published at least two announcements in a newspaper or magazine of general distribution in the location where these authors or copyright holders may reside. In each case, the announcement included the names of the authors for which the ICAA is soliciting copyright release as well as contact details for the MFAH. In addition, the ICAA recently opened a special copyright office to continue its search for possible copyright holders and to process each document in accordance with applicable legislation.

Notwithstanding these efforts, the ICAA is open to consideration of any notification of alleged copyright infringement that complies with the criteria established under the Digital Millennium Copyright Act ("DMCA") of 1998.

DMCA Copyright Infringement Takedown Notification

If you are the holder of a copyright or an authorized agent of such a holder, and you believe that any content posted on our website (http://icaadocs.mfah.org/) infringes such holder’s copyrights, then you may submit to the ICAA a notification pursuant to the DMCA (see 17 U.S.C. Section 512(c)(3)) by providing the ICAA's Designated Copyright Coordinator with the following information, in writing or via email:

  1. The physical or electronic signature of the holder or a person authorized to act on behalf of the holder of the copyright that is alleged to have been infringed.
  2. Details of the copyrighted content alleged to have been infringed, or, if multiple works on the ICAA website are covered, a representative list of such content.
  3. Identification of the material (by the ICAA’s digital archive number) that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled. Include a direct link (URL) to each and every claim of infringement. We cannot address nonspecific claims based on keywords, search queries, title, name, or resemblance (physical or otherwise) to another document.
  4. Information sufficient to permit the ICAA to contact the complaining party, such as an address, telephone number or e-mail address.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
  6. A certification that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please note that under Section 512(f) of the DMCA, if a person knowingly makes a material misrepresentation that the publication or reproduction of material or a related activity infringes an existing copyright, such person may be subject to liability. The ICAA also reserves the right to send copies of false, misleading, or malicious takedown notices to DMCA watchdog groups for publication.

Send the written communication to the following address:

International Center for the Arts of the Americas
Museum of Fine Arts, Houston
Attn: ICAA Copyrights Office
P.O. Box 6826, Houston, TX 77265-6826
USA

Or email to:

Nora Nava-Heymann
nheymann@mfah.org
Subject: ICAA DMCA Copyright infringement notification
Or fax to: 1-713-800-5385

The ICAA provides this contact information for purposes of the DMCA only and reserves the right to respond only to correspondence that is relevant to the purposes of DMCA compliance.

Use the following template to request removal of content that is claimed to be a copyright infringement. Then send the request to the ICAA’s Copyrights Office and the ICAA will remove the infringing content as soon as possible. This affidavit must include a direct link (URL) to each and every infringing document that you want the ICAA to remove. Please note that this request only applies to infringing documents up to the date of its submission. It does not cover possible future infringements.

Download SAMPLE DMCA TAKEDOWN NOTICE.

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