ACRL College & Research Libraries News

College & Research Libraries News

Statement on the Reproduction of Manuscripts and Archives for Noncommercial Purposes: Proposed Revisions

The ACRL “Statement on the Reproduction of Manuscripts and Archives for Noncommercial Purposes" was approved as policy by the ACRL Board of Directors in January 1974 and was published in the May 1974 issue ofCollege & Research Libraries News. At the 1976 Midwinter Meeting some revisions in the statement were proposed by the ACRL Rare Books and Manuscripts Section Committee on Manuscripts Collections, which developed the original statement. Material to be deleted is in brackets, while material to be added is in italics.

The revisions proposed here will be considered for approval as policy by the ACRL Board of Directors at the 1976 ALA Annual Conference. All comments concerning the statement and the proposed revisions should be sent to the chairman of the RBMS Committee on Manuscripts Collections: Clyde C. Walton, Director of Libraries, Northern Illinois University, De Kalb, IL 60115.

1. It is the responsibility of a library, archives, or manuscript repository within the limits of its resources to assist qualified researchers, as defined by the respective institutions, by making or having made reproductions of any material in its possession, subject to certain conditions.

Manuscript and archival materials may be reproduced if:

a. the condition of [the originals] said materials will permit such reproduction without damage.

b. the [originals] said materials have no gift, purchase, or legal restrictions on reproduction.

c. the holders of appropriate common law or statutory rights have given their written approval for [to] said reproductions.

2a. In the interest of making research collections more generally available, the orderly copying of entire manuscript collections together with appropriate guides, within the provisions of law, is to be encouraged. Also in the interest of making manuscript items available to researchers, the custom and practice among libraries of making one “fair use’’ copy of a manuscript that is not otherwise restricted is to be encouraged to the fullest extent permitted by law.

2b.All conditions relating to use of manuscript and [or] archival materials shall apply to the use of the reproductions.

[3. No repository shall be required to reproduce a complete manuscript collection or archival record group or extensive portions therefrom, the limitation to be set by the owning repository. The repository may, by a special agreement, do so for the mutual advantage of individuals and other institutions and may offer such copies for sale on its own behalf.]

3. A repository has the right to refuse to furnish copies or do extended research in response to requests which require an unreasonable amount of time with respect to the priorities of the repository.

4. The price of reproductions shall be set by the repository, which should endeavor to keep charges to a minimum.

5. Copies should be made for the use of individual researchers and educational institutions as follows:

a. Repositories which permit their manuscript and archival collections to be reproduced in whole or part must specify before the copies are made what restrictions if any have been placed on the use of the copies. Purchasers must abide by these restrictions.

b. All reproductions must identify the source of the original manuscript collection or archival record group.

c. Copies of reproductions should not be made for a third party by the owner of a reproduction without the written permission of the repository owning the originals.

[6. The repository must inform the researcher that permission to make extensive direct quotation from or to print in full any reproduction must be obtained from the institution owning the originals. In the case of material under copyright, the right to quote or print must also be obtained by the researcher from the copyright owner. Manuscripts cannot be used for publication without due regard for common law rights, literary rights, property rights, and libel laws. The researcher assumes legal responsibility for observing these rights. A repository should, to the best of its ability, inform the researcher about known retention of literary rights.]

6. In order to insure (1) that proper credit is given to institutions, and (2) that references to original materials are maintained, the repository must inform researchers that they are expected to cite the source of original manuscripts and archives in their published work.

7. Manuscripts, or reproductions of them, cannot be used for publication without due regard for copyright and other legal restrictions. Researchers assume legal responsibility for observing these rights. A repository should inform researchers concerning known retention of literary rights, as well as all other known restrictions. ■■