Mississippi Administrative Code › Title 16 - History, Humanities and Arts › Part 1 - Administration › Chapter 5 - Policy for Image Duplication and Use › Rule 16-1-5.1

Current through June 25, 2024
A.
Introduction:
The Mississippi Department of Archives and History (MDAH) is
				  a comprehensive historical agency. MDAH collects, preserves, and provides
				  access to the archival resources of the state; administers museums and historic
				  sites; and oversees statewide programs for historic preservation, government
				  records management, and publications. The purpose of this document is to define
				  MDAH policies regarding duplication, and the broadcast, publication,
				  exhibition, Internet use, and other distribution, of images of items from MDAH
				  holdings for which use is not restricted by Federal or Mississippi State law.
				  All division guidelines and procedures will conform to this policy.
B.
Items in the
				Public Domain:
Permission to use images of items in the public domain
				  (including, but not limited to, government records and most images taken by
				  MDAH) may be granted for one-time use in multiple formats. Although state
				  government records do not fall into the category of public domain automatically
				  as do Federal records; as a courtesy to the public, MDAH considers most state
				  government records in its custody to be in the public domain for purposes of
				  duplication and use. No other edition, duplication, alteration, or transfer to
				  other persons or institutions is permitted without prior written consent from
				  MDAH. Such authorization is non-exclusive, and MDAH does not surrender its own
				  right to publish or to grant others permission to publish.
C.
Items Not in the Public
				Domain:
Some items in the MDAH collections are protected by U.S.
				  Copyright Law (Title 17, U.S.C., in accordance with the Berne Convention for
				  the Protection of Literary and Artistic Works) and the Digital Millennium
				  Copyright Act. Additionally, the duplication and/or use of some items may be
				  restricted by gift agreements with donors, privacy and publicity rights, and
				  licensing and trademarks.
It is the responsibility of the user to obtain duplication
				  and/or use permission from the copyright owner and to supply that permission to
				  MDAH in writing before duplication. MDAH will provide copyright information
				  when known. Permission to use images of items that are not in the public domain
				  may be granted for one-time use for a limited period with the permission of the
				  copyright owner.
No other edition, duplication, alteration, or transfer to
				  other persons or institutions is permitted without prior written consent from
				  the copyright holder and MDAH. Such authorization is non-exclusive, and MDAH
				  does not surrender its own right to publish or to grant others permission to
				  publish.
D.
Duplication Services:
After the MDAH order form is completed, staff will perform
				  all duplication services when possible. Orders are processed in the order
				  received. A specific delivery date cannot be guaranteed.
MDAH may delay the duplication of a fragile item until
				  appropriate conservation measures can be completed. Such measures are
				  implemented by MDAH as scheduling and funds allow. The user may choose to
				  expedite this process by paying all costs of the conservation measures
				  necessary to preserve and safely duplicate an item as determined by MDAH.
MDAH reserves the right to deny any duplication request, in
				  order to ensure the preservation of the item, the implementation of donor
				  restrictions, and other applicable legal restrictions, including copyright,
				  privacy and publicity rights, and licensing and trademarks.
If MDAH cannot produce the requested image, a commercial
				  vendor approved by MDAH may be used at the user's expense. MDAH will not be
				  responsible for the quality of work performed by a vendor.
If MDAH or an approved vendor cannot provide the desired
				  format, the user may request permission to use personal equipment to produce
				  the copy. Such requests must be made in writing in advance, and be approved by
				  the division director or his designee. If approval is granted, the user must
				  follow the duplication procedures established by the division.
E.
Use
				Permission:
An MDAH use permission form must be completed and approved
				  by the appropriate staff before broadcast, publication, exhibition, Internet
				  use, or other distribution of images of items from the MDAH holdings.
The copyright owner, if appropriate, and MDAH must approve
				  the superimposition of text, cropping, bleeding, addition of color, or other
				  alterations at the time the use permission form is submitted.
MDAH reserves the right to withhold permission for any use
				  it considers to be contrary to the mission of MDAH.
F.
Charges, Fees, and Payment:
The MDAH Board of Trustees adopts rules and regulations
				  related to charges and fees. A current schedule of charges and fees will be
				  maintained at MDAH and will be publicly available. Charges and fees are subject
				  to change without notice.
Legal residents of Mississippi; not-for-profit organizations
				  chartered in Mississippi; state, county, and municipal agencies in Mississippi;
				  and federal agencies will not be charged use fees in accordance with the
				  current schedule; unless the intended use is a product that will be distributed
				  for a price.
For-profit entities, and non-Mississippi individuals and
				  organizations will be charged use fees.
Profit/Not-for-profit status is determined by the status of
				  the entity requesting the use, not by the status of the entity funding the
				  project. Proof of Internal Revenue Service filing category or a valid student
				  identification card, in the case of scholastic use, is required to qualify for
				  the not-for-profit fee rate.
Payment in advance is required for all products, services
				  rendered, and use fees. Charges and fees are not refundable. Assessment of the
				  use fee is based on the projected use at the time the use agreement is signed
				  and cannot be prorated for lack of use thereafter. Any reduction of charges and
				  fees will be determined by the division director or his designee according to
				  division procedures.
G.
Product Copies:
The user will provide MDAH a complimentary copy of, or
				  internet link for, any product containing images from MDAH.
H.
Questions:
Questions about this policy should be submitted in writing
				  to the appropriate division director or his designee.
Miss. Code §§
										25-59-1,
				  25-61-7
				  (1972, as amended).