When you agree to give your material to the Archives, you
are giving the Archives the property rights for all of the
materials and objects (Property Rights are different from
copyrights; See below). The Archives does not accept material
on loan or for temporary storage. When you sign the Donor
Form you are agreeing that the material you send to us becomes
the permanent property of the Archives. However, you can specify
how and under what conditions the material can be used.
Your collection may contain magazines, books, and flyers that
already exist in the Archives. While we will note that they
were part of your personal collection so that individuals
doing research will be aware of them as part of your life,
we must restrict the amount of duplicate material we house
in the building. Therefore we may decide to eliminate the
actual physical material from your collection. Please indicate
if duplicate material should be returned to you or if LHEF
may decide what to do with it.
Copyright is the exclusive right to reproduce, prepare derivative
works, distribute copies, publicly perform, or display unpublished
or published works. This includes the right to publish significant
portions of published or unpublished works. Copyright belongs
to the creator or creators of a work (no matter who possesses
physical ownership of the work) unless another agreement about
copyright has been made, or the work is a "work-for-hire"
(something prepared by an employee within the scope of employment,
or something expressly stated as a work-for-hire in a signed
document). Upon your death, copyright of an unpublished work
created on or after January 1, 1978 is automatically transferred
for a period of 50 years to the managers of your estate (often
the traditional "next of kin") unless you have specified
otherwise. 50 years after your death, unless another arrangement
is made, copyright passes from your heirs into the public
domain.Unpublished works created before January 1, 1978 are
covered for the same length of time. Copyright protection
for published works is more complicated; check with the publishing
company, a lawyer, or an archivist for more information.
We encourage you to make explicitly clear who is to possess
copyright of your unpublished material here at the Archives
both before and after your death, in order to prevent possible
disputes. On the Donor Form, please indicate if you want to:
- assign copyright
at this time to LHEF
- retain copyright during your lifetime assigning
copyright of your material to the Lesbian Herstory Educational Foundation
upon your death
- make another arrangement, perhaps assigning copyright
to another trusted individual upon your death. If you wish to specify
another arrangement, please indicate this on the Donor Agreement
form. In order to prevent misunderstandings, be sure to create a
will and reinforce the terms of this agreement there. Wills are
often not enough to prevent destruction of the history of a stigmatized
people. Even when everything is in proper legal order, heirs have
been known to destroy or censor letters, photographs, and diaries.
It is safest to secure the records of your life, before your death,
in the place where you want them to be.
When you retain the copyright
to your archival collection, researchers and publishers bear the
responsibility to locate you to obtain your written permission to
significantly reproduce your work in any public format - a book,
video, recording, photograph, or whatever. This places an additional
step between the researcher and the permitted publication or public
display of your material, and it means that researchers will ask
us for information necessary to contact you. If you wish to retain
copyright to your words or work, please keep us informed of your
current address so that we may refer interested researchers to you.
If we lose track of you, researchers who need copyright permissions
will be prevented from making full use of your collection.
If you assign the copyright to your material to the Archives,
publishers, video makers, and others must receive written
permission from this organization to publish material from
your collection in any significant fashion. It also means
that we could publish or reproduce your words or you work
without obtaining permission from you each time. Please contact
us if you would like to explore further options. "Fair
use" regulations allow researchers some rights to cite
or represent parts of copyrighted material, no matter who
owns the copyright.
You do not necessarily
possess copyright to everything in your archival collection. If
a collection contains work or writing done by people other than
the donor (letters from relatives or an ex-lover or papers from
an organization of which you were a part), copyright of the material
remains with the original creator of the work (or her heirs until
50 years after death) unless that creator makes another arrangement.
It is the responsibility of the researcher to obtain permission
from any creator of a work to publish or reproduce it in any significant
way. If you would like, you may provide us with the names, addresses,
and phone numbers of others whose creations appear in your collection.
Access and Privacy:
We hope that you find it possible to allow unrestricted
access to your archival collection. However, should you find it
necessary to place restrictions on access, we will unquestioningly
honor your wishes to the best of our abilities. In the case where
you do not posses copyright to material donated, we reserve the
right to restrict access pending permission from the creator or
her estate. If you have significant concerns about your privacy
or the privacy of others mentioned or pictured in your collection,
we ask that you phrase restrictions as specifically and as narrowly
as possible. You may wish to provide us with the names, addresses,
and phone numbers of others mentioned or pictured in your collection
so that researchers may clarify any privacy concerns that could
arise with publication of parts of your collection. Please contact
the Archives to discuss these or other terms of access to your collection.
We also ask you to specifically indicate your
willingness to list your name and a general description of your
Special Collection on our website. Any restrictions you place on
your collection will remain in effect.
Access to and Duplication
of Visual/Audio Oral History/Interviews, Videos and Photographs:
If you are donating interviews or oral histories by someone other
than yourself, you should have the interviewee/respondent sign a
release in terms of access to the material. Then you should indicate
on the donor form what that access is and either have the interviewee/respondent
sign the form or include the release form with your donation. The
issues of duplication and use of such material beyond initial listening
or viewing, such as duplication or public display, is especially
important to specify. If you are donating artwork or photography
by someone other than you self, it would be helpful if you would
include the name and address of the artist/photographer. If these
are photographs you have taken or home videos you have made which
are not copyrighted and include people other than yourself, you
should indicate the conditions under which researchers can duplicate
the material and whether you have the consent of the others involved.
Appraisals and Tax Deductions:
Most gifts of personal papers are
not tax deductible. You may wish to have an appraisal conducted
for tax deduction purposes if you suspect your donation may have
particular monetary value. We cannot do appraisals, but we may be
able to suggest professionals who could do one.
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|Copyright © 2013 by LHEF, Inc.