Colorado Humanities
Grant Application Supplement
For Projects Resulting in Media, Exhibit, or Publication Products
The current Colorado Humanities funding policy regarding the development, production, and dissemination of media and publication products is:
Colorado Humanities will consider funding media projects that result in video and film programs, audio programs, exhibits, print publications, broadcasts, and web-delivered products.
Colorado Humanities will consider funding proposals for pre-production development of scripts and narrative treatments for audio, video and films.
Definitions
Media Products – audio, video, film, broadcast and web-delivered
Exhibits - primarily visual displays
Publication Products - primarily booklets, catalogs, and single issues of periodicals associated with a Colorado Humanities-funded public program.
All applicants submitting grant proposals that include production of an exhibit, media, or publication product must attach this application supplement to all copies of a grant application.
1.Copyright, Distribution, and Other Colorado Humanities Exhibit, Media and Publication Policies. Once an exhibit, media or publication project has been approved for funding by the Colorado Humanities Board of Directors, the project director will receive, for review and acceptance, a grant award contract that includes Colorado Humanities and NEH standard policies on copyright, distribution, profits, credits, and other matters. The following items are included in this contract and should be reviewed by all applicants prior to submitting an exhibit, media, or publication proposal to Colorado Humanities.
a. Copyright to all media, exhibits and publication products shall be vested in Colorado Humanities, unless requested by the applicant and approved by Colorado Humanities.
b. Ownership of all media, exhibits or publication products shall be vested in Colorado Humanities, unless requested by the applicant and approved by Colorado Humanities.
c. Ownership of original research and background elements, unused footage, slides, prints and other components used in producing Colorado Humanities-funded exhibits, media, or publication products shall vest in the producer, writer, artist, regrantee, program director or other originator of the product, provided that any Colorado resident shall be granted reasonable access to such materials for research or other related purposes. This latter provision applies only to materials that do in fact have research value; Colorado Humanities reserves the right to determine what has research value.
d. Ownership of any equipment used in producing media, exhibit or publication product and purchased totally with Colorado Humanities funds shall vest in Colorado Humanities and shall be returned thereto immediately upon completion of the product. Colorado Humanities shall lend such equipment to future projects receiving Colorado Humanities support. Equipment may not be purchased with any amount of Colorado Humanities funds unless the equipment will be subsequently donated to Colorado Humanities. Colorado Humanities prefers that, instead of being purchased, equipment be donated or rented where feasible and economically sensible (for example, Colorado Humanities might prefer to purchase rather than pay 80 percent of the purchase price in rental).
e. Two prints, copies, sets, or other appropriate units of each media, exhibit, or publication product shall be permanently retained by Colorado Humanities for Colorado Humanities use. (Applicants are required to build the cost of these copies and protective mailing cases and storage into their budgets.) Colorado Humanities reserves the right to distribute or exhibit its copy as it deems appropriate. In the case of publications, the Colorado Humanities Board of Directors may stipulate that a certain number of copies be furnished to Colorado Humanities and/or distributed in a certain way. In the event of dissolution of Colorado Humanities, the ownership of Colorado Humanities’ copies of each media, exhibit or publication product will vest in the National Endowment for the Humanities or such other non-profit organization, in accordance with the law.
f. Colorado Humanities, the National Endowment for the Humanities and the Federal Government reserve a royalty-free, non-exclusive and irrevocable right to use and reproduce the exhibit, media, or publication product for their purposes, without payment but with proper credit to the producer, writer, artist, or other originator and to Colorado Humanities, whenever Colorado Humanities or the Federal Government deems it is in their interest to do so. License to "reproduce" includes the right to reproduce in different formats than the original product (for instance, the right to transfer film into videotape or DVD). Use of the product for “federal purposes” includes the use of grant products in activities or programs undertaken by the Federal Government, in response to a governmental request, or as otherwise required by Federal law. However, the Federal Government’s use of copyrighted materials is not intended to interfere with or disadvantage the grantee or assignee in the sale and distribution of the grant product.
g. No part of any Colorado Humanities supported product may be used in the advertising of commercial products, in support of any partisan, political, or religious purpose, or in support of any other activity inconsistent with Colorado Humanities’ non-profit, non-advocacy purpose.
h. Credits and Disclaimers - All exhibits, media and publication products resulting from a Colorado Humanities-funded project, including any associated publicity or promotional materials, shall carry the following credit and disclaimer in a prominent place:
Acknowledgment of Support and Disclaimer
All materials publicizing or resulting from grant activities shall contain an acknowledgement of NEH support. The acknowledgment shall also include the following statement: “The views, findings, conclusions or recommendations expressed this (publication) (video) (film) (audio recording) (program) (exhibition) (website) do not necessarily represent those of the National Endowment for the Humanities or of Colorado Humanities. Colorado Humanities reserves the right to request the removal of the Credit and Disclaimer.
i. Non-discrimination - Producers and originators of Colorado Humanities-funded exhibits, media, and publication products shall comply with Title VI of the U.S. Civil Rights Act of 1964, and with section 504 of the Federal Rehabilitation Act of 1973 to the end that no person in the United States, shall, on the ground of race, color, national origin, physical or mental handicap, sex, or religion be excluded from participation in, be denied the benefits of, be denied access to, or otherwise be subjected to discrimination under any program or activity associated with the distribution and exhibition of Colorado Humanities media, exhibits, or publication products.
j. Distribution, exhibition, use, and profit rights - Colorado Humanities has legal right to retain all rights, including distribution, exhibition, use and profit rights, to any media, exhibit, or publication product produced under the terms of a Colorado Humanities grant award. Current Colorado Humanities policy is as follows: Colorado Humanities will normally reserve the distribution, exhibition, use and profit rights to all media, exhibits, or publication products produced under the terms of a Colorado Humanities grant award, unless the applicant proposes and Colorado Humanities accepts, as a condition of the grant award, vestment of certain rights in the producer, writer, artist, regrantee, project director or other originator of the product. Non-standard conditions negotiated for the contract commonly "limit" Colorado Humanities distribution, exhibition, use and profit rights. However, Colorado Humanities will never totally relinquish its rights to the product in any of these categories.
k. The Colorado Humanities Board of Directors reserves the right to place any conditions or stipulations it deems appropriate and necessary on a grant award. Once signed, the contract may only be modified by mutual agreement of both parties during the course of the contract.
l. Any secondary product produced without Colorado Humanities funds that comes about as a direct result of a Colorado Humanities-funded project, or which contains one or more items from an exhibit, media or publication product produced with Colorado Humanities funds shall be subject to all of the above policies except those listed as paragraph e, f, and j. Colorado Humanities reserves the right of first refusal for proposals to develop such secondary products.
m. Any exceptions to the standard contract must be requested in the grant proposal and approved as part of the grant award. The executive director and chairperson of Colorado Humanities have very limited authority to negotiate special conditions for the contract after the proposal has been reviewed by the Colorado Humanities Board of Directors. You are strongly advised to consult with Colorado Humanities staff about possible exceptions to the standard Exhibit, Media, and Publication contract before submitting your proposal.
n. When, over a significant period of time, a product is not distributed, exhibited, or used for public programming, or when excess profits (fees and royalties beyond those applied to expenses included in the approved budget) are not returned to Colorado Humanities as agreed in the contract, Colorado Humanities reserves the right to assume all rights to the product.
Supplemental Questions
Answer all of the following questions (on a separate sheet of paper) and attach them to each copy of your grant application form. Questions 1 and 2 below may require additional documentation.
1.If you have obtained advance commitments or received encouragement from media outlets to broadcast, present in a public program, publish, or display the product of the project, list and specify those commitments here. Please attach letters or emails confirming such commitments.
2.If any material you plan to use in your project is covered by copyright and requires permission to use, identify it here and note your plan for receiving permission to use it.
3.When Colorado Humanities grant costs include the production aspects of audio or video media, the applicant must include the following in the Colorado Humanities grant application:
a. A detailed narrative treatment or synopsis of the production (usually, not more than three pages in length). This should include not only the content of the proposed media piece but also its structure, mood and style, use of any special techniques (interviews, animation, flashbacks, etc.) and the "look" of the proposed product.
b. A schedule for production.
c. A plan for public presentation of the finished product.
d. A detailed production budget that is keyed to the schedule for production. The production budget must provide three checkpoints at which Colorado Humanities or its representatives may review the work-in-progress.
The three checkpoints are as follows:
(1) when a complete script or a detailed outline is completed;
(2) when a draft is ready (before the final editing is done); and
(3) when the finished product is in hand.
1.