Request for Access to the Marc and Ida Chagall Archives

The Marc and Ida Chagall Private Archives are a privately-held collection, and their public release is at the sole discretion of the Archives' management.
By their nature, not all of the documents in the Marc and Ida Chagall Private Archives are available for consultation. The Archives' management shall have sole discretion in assessing applications and deciding whether the documents concerned should be disclosed.

Rejected applications may not be resubmitted.

The present Terms and Conditions of Use apply only to the Marc and Ida Chagall Private Archives.

The following are not included :

• Requests for authentication must be submitted via the Comité Marc Chagall ‘s website
• Requests for authorization to reproduce or represent Marc Chagall's works, which should be addressed to ADAGP
• All requests for practical information about the Marc Chagall National Museum in Nice, which should be addressed directly to the museum's team
• All requests relating to public collections, which should be addressed to the institutions concerned.

The present general conditions of use, hereafter referred to as the “GTCU”, govern the conditions under which the Marc and Ida Chagall Private Archives, managed by the Archive & Catalogue raisonné Marc Chagall, may grant or refuse a right of access to the documents comprising the collection for the purpose of reproducing them in digital format, hereafter referred to as “digital images”.

The simple fact of submitting an application for access via the online form implies full and unconditional acceptance of and compliance with all the provisions of these GTCU. The GTCU of the Marc and Ida Chagall Private Archives take precedence, without limitation, over any other contractual and/or legislative document. Should the applicant not accept one or more of the provisions contained in the GTCU, or should these provisions contradict its own general terms and conditions, the application will not be processed.

Not everyone may request access to the “digital images” reproduction service.

Only the persons listed below may have access to the application form, subject to being able to present proof of their status :

• Curators and museum professionals (curators, curatorial assistants),

• Cultural institutions, public libraries (directors, curators, collection managers, project managers),

• Universities (teaching staff and PhDs, research fellows),

• Publishing houses (publishers, editorial managers),

• Audiovisual producers

Once the applicant's status has been approved, the application must be formulated succinctly in a free-text field, and must not exceed 1,000 characters, including spaces, nor be less than 200 characters, including spaces.

Applications will be prioritized according to the nature and timing of the project to which they relate.

If the application is refused, the applicant will be notified of the refusal, which will not need to be justified.

If the application is accepted, an e-mail will be sent to the applicant at the address provided, indicating the processing timeframe for the application up to the delivery of the selected digital images, as well as, where deemed necessary by the Archives' management, any request for additional information.

Once the application has been finalized and approved by the Archives' management, the applicant will be sent the specific terms and conditions governing the temporary license granted.

The Marc and Ida Chagall Private Archives grant the applicant a limited right to reproduce and represent digital images from their collection, hereinafter referred to as the “temporary license”.

The terms and conditions of the temporary license thus granted will be set out in special terms and conditions that will be sent by email to the address provided by the applicant.

Unless prior written consent has been obtained (including by e-mail), the license is non-exclusive, non-transferable and may not be sub-licensed. The applicant is therefore prohibited from assigning, transferring or otherwise conveying any elements to any third parties, for any reason whatsoever, whether directly or indirectly, in whole or in part, in return for payment or free of charge, without the prior express consent of the Marc and Ida Chagall Private Archives. In order to make an informed decision in this regard, the Marc and Ida Chagall Private Archives must be provided with all the information and documentation required in due time. 

Under no circumstances shall the applicant acquire any tangible or intangible ownership rights to the digital images provided by the Marc and Ida Chagall Private Archives. 

Accordingly, the applicant acknowledges that none of the provisions of these GTCUs constitutes a sale or any type of transfer of ownership or any other rights to the digital images. 

The digital images licensed by the Marc and Ida Chagall Private Archives under the present Terms and Conditions of Use are strictly for the use indicated in the specific terms and conditions. Any other use or reuse of the digital images shall be subject to a separate license application. 

The applicant undertakes to justify the use of each digital image from the Marc and Ida Chagall Private Archives. The applicant must pay the temporary license fees indicated in the specific terms and conditions. In the event of an additional use of the digital images, an additional application must be submitted and an additional fee will be charged.  

The applicant undertakes not to duplicate, distribute or, more generally, use the digital images in any manner whatsoever, for either commercial or non-commercial purposes, for any use other than that provided for under the general terms and conditions of use or the specific terms and conditions of use, and not to facilitate any such actions, in particular by providing the means or by suggesting that such use may be legally allowed.

The applicant further undertakes to comply with any potential restrictions on use that may apply to the digital images. Any commercial use, for political purposes or in connection with social issues is prohibited without the prior written consent (including by e-mail) of the Marc and Ida Chagall Private Archives. 

The applicant undertakes not to, directly or indirectly, use the digital images for any purposes related to the development or training of Machine Learning (“ML”) or Artificial Intelligence (“AI”) technologies, including but not limited to, creating, training, retraining, improving or adjusting any AI or ML technologies, whether they be owned by the applicant or a third party.

Any use of the digital images not expressly authorized by the Marc and Ida Chagall Private Archives or undertaken after the expiry of the temporary license shall constitute a breach of contract and an infringement of intellectual property rights. In this case, the Marc and Ida Chagall Private Archives shall be entitled to exercise their rights by any means available and deemed appropriate.

Digital images uploaded by the applicant for use on a website or on social media must be presented in low resolution (maximum 72 dpi maximum). 

Once the temporary license has expired, for any reason whatsoever:

• the applicant shall immediately cease using or reproducing all or part of the digital images in any form whatsoever and on any medium whatsoever;
• the license granted shall terminate with immediate effect. Digital images and any copies thereof shall be deleted from all storage media. The applicant must confirm this deletion in writing to the Marc and Ida Chagall Private Archives.
• Any use of all or part of the digital images by the applicant shall be deemed to be an intentional infringement of intellectual property rights and a breach of contract.

Digital images constitute works that are protected by intellectual property law. The applicant may not alter the completeness or integrity of the digital images, nor modify them without the prior written consent (including by e-mail) of the Marc and Ida Chagall Private Archives. Digital images may not be used in any way that may harm the honor and reputation of their author, that may distort the images or, in case of images related to current events, misrepresent their meaning.  

The applicant is solely responsible for the conditions under which the digital images are used. In particular, the applicant is prohibited from using the digital images in any manner other than that agreed upon, in particular by relabeling them, combining them with other photographs, any texts or images of their choosing, or modifying or cropping them, without the prior written consent (including by e-mail) of the Marc and Ida Chagall Private Archives. Any changes to the illustration of digital images (including significant cropping, cutting out, retouching, producing a montage of several images, coloring, multimedia animations, removing the Marc and Ida Chagall Private Archives watermark, etc.) or of the captions and copyright notices provided by the Marc and Ida Chagall Private Archives without the prior written consent (including by e-mail) of the Marc and Ida Chagall Private Archives is prohibited.

In the specific case of the reproduction of digital images containing an original work by the artist Marc Chagall (including, but not limited to, handwritten letters that include drawings, postcards, pages from a notebook page, for example) or containing a partial reproduction of an original work by Marc Chagall that amounts to a use of the original work, a request for reproduction and display rights must be addressed to the competent collective copyright management body (ADAGP in France or any other equivalent organizations in the applicant's country). The Marc and Ida Chagall Private Archives reserve the right to approve or reject any such projects, as well as to request changes to content if necessary.

The digital images may be subject to literary and artistic property rights, industrial property rights or related rights, personality rights, in particular image rights, moral rights, ownership rights or other rights held by a third party. Unless otherwise provided, the operating license granted by the Marc and Ida Chagall Private Archives never includes authorizations for the use of intellectual works, trademarks, the image of persons or of the movable or immovable items depicted. The applicant is solely responsible for obtaining the necessary authorizations from third parties and for negotiating the rights relating to the works, items or persons represented on the digital images with their rightful owners. Consequently, the applicant indemnifies and holds harmless the Marc and Ida Chagall Private Archives against any claims or disputes relating to obtaining such rights and, in this respect, indemnifies and holds harmless the Marc and Ida Chagall Private Archives in respect of any judgments that may be made against them. 

All digital image reproductions or representations must bear a photo credit. The applicant undertakes to include a caption with the digital image they wish to use, regardless of the chosen medium (print of digital publication), as provided by the Marc and Ida Chagall Private Archives, as well as the copyright notice “© Marc and Ida Chagall Private Archives”, followed by the year when the authorization was obtained from the Marc and Ida Chagall Private Archives. The copyright notice “© Marc and Ida Chagall Private Archives” must appear either alongside the reproduced digital image or as part of a list of illustrations provided for this purpose indicating the page or location where the digital image is reproduced. This mention must also be included in the credits of any audiovisual or multimedia works that incorporate the digital images into their content.

The Marc and Ida Chagall Private Archives distinguish between two types of format and use: low-resolution and high-resolution digital images. 

Low-resolution digital images may be provided free of charge to the applicant once the application has been assessed and may only be used for non-commercial or scientific purposes, for the purposes of research or the writing of academic dissertations or theses.

The provision of high-resolution digital images entails an initial fee for technical costs.

No digital image will be provided before a bank transfer has been made to Archives & Catalogue raisonné Marc Chagall, 35 Quai de l'horloge, 75001, Paris, which is mandated by the owners of the Marc and Ida Chagall Private Archives to manage the digital images of the collection and to provide them to interested parties under the conditions exhaustively set out below. A receipt will be issued by the Archives & Catalogue raisonné Marc Chagall once payment has been received.

In the event of non-payment of the fees due to the Marc and Ida Chagall Private Archives or in the event of use by the applicant of the digital images in breach of the rights of the Marc and Ida Chagall Private Archives and, in particular, without informing the Marc and Ida Chagall Private Archives, the Marc and Ida Chagall Private Archives reserve the right to revoke the license granted to the applicant and to obtain compensation for damages suffered by all legal means available.

The delivery of the digital images to the applicant constitutes confirmation of acceptance of the general and specific terms and conditions.

Without the prior written consent (including email e-mail) of the Marc and Ida Chagall Private Archives, the applicant is not authorized to retain the digital images obtained beyond one month from their effective use and on any medium whatsoever.

Proof of use of the digital images must be sent to the Marc and Ida Chagall Private Archives within fifteen days from the date of release or publication.

In the event of non-compliance with the above guarantees and undertakings, the applicant shall be held solely liable for the publication or distribution of the non-compliant digital images and shall therefore guarantee the Archives & Catalogue raisonné Marc Chagall against any claims arising from this breach and any resulting consequences.

Consequently, the Archives & Catalogue raisonné Marc Chagall shall not be held liable for any use that has not been duly authorized. More generally, the applicant irrevocably undertakes to indemnify and hold harmless the Archives & Catalogue raisonné Marc Chagall.

Should any of the provisions of these GTCU be declared null and void, the parties agree that the remaining provisions shall remain in full force.

These GTCU are governed by French law to the exclusion of any other law. The rules of French law relating to determining the applicable international law are excluded. 

Any dispute arising from the drafting, interpretation or performance of these GTCU shall fall within the exclusive jurisdiction of the courts of Paris.