ACRL News Issue (B) of College & Research Libraries


96

tutions and with each individual gift, but also 
there may be a considerable variance in local 
legal requirements, and these will need to be 
checked. It would seem to be a cardinal rule 
that an institution or curator should seek some 
legal advice before instituting and using a form 
as a deed of gift. It should also be recognized 
that no form will cover every situation, and it 
will at times be necessary to draw up a docu­
ment tailored specifically to the requirements 
of a particular case.

Although some institutions will include other 
matters in a deed of gift, there are advantages 
to keeping the form as relatively brief and un­
complicated as possible. Such matters as (1) 
the disposition of unwanted material or dupli­
cates, (2) the handling of printed material, 
(3 ) the photoreproduction of the material for 
scholarly use, (4 ) the handling of publicity, 
and (5) the mechanism for permission to pub­
lish should be handled through correspondence 
or by other means.

If it is likely that in the future there will be 
additional material donated which is related to 
the initial gift, the deed of gift might properly 
speak to that matter. If restrictions are agreed 
on between the donor and the recipient and 
stated in the agreement, there should also be 
stated a terminal date and an understanding of

where the authority for continuation or removal 
of those restrictions lies in the event of the 
donor’s death.

All of these comments as well as the sample 
deed of gift refer to situations in which the 
physical property is being given outright to the 
institution, whether or not the literary rights in 
the possession of the donor accompany and are 
part of the gift. There are, of course, situations 
in which a donor merely wishes to deposit the 
material in an institution. In such cases the un­
derstanding is usually that outright donation 
will generally follow, but the curator must be 
aware that it is in no way inevitable. In such 
cases the offer should be scrutinized carefully 
and matters such as the availability of his ma­
terial for scholarly use, photoreproduction, and 
publication should be accurately understood be­
tween the donor and the institution. An entirely 
separate agreement of deposit which speaks to 
the necessary points should be developed and 
executed in the rare cases where such deposit 
is acceptable to the institution and outright 
gift of the material at the time does not seem 
possible. ■ ■

Reprints of this article are available from the 
ACRL office, 50 E. Huron St., Chicago, IL 
60611.

D raft S tatem ent on th e Reproduction of M anuscripts 
and Archives for Commercial Purposes

The following statement was prepared by the
Committee on Manuscripts Collections of the 
ACRL Rare Books and Manuscripts Section. It 
will be considered for approval by the ACRL 
Board of Directors at the 1975 Annual Con­
ference in San Francisco. All comments and 
suggestions for revision should be sent to the 
chairman of the committee, Clyde C. Walton, 
Director of Libraries, Northern Illinois Univer­
sity, DeKalb, Illinois 60115.

1. It is the responsibility of libraries, archives, 
or manuscript repositories to facilitate access 
to original collections by permitting commer­
cial publishing companies to reproduce, re­
print, or otherwise publish certain collections 
in its possession, unless:
a. the physical condition of the originals 

prohibits reproduction
b. there are legal restrictions which prohibit 

or limit reproduction of the originals.
2. No repository shall be expected to reproduce 

a complete manuscript collection or archival 
record group.

3. The commercial publisher shall agree to the 
following conditions:

a. Permission. (1 ) The publisher shall be 
responsible for compliance with all copy­
right and other legal requirements appli­
cable to reproduction of the material bor­
rowed and will obtain (and will deliver 
to the owning institution a duplicate ex­
ecuted counterpart of) all such consents, 
licenses, and other instruments as may be 
necessary for such compliance. (2 ) The 
publisher shall agree to indemnify and 
hold harmless the owning institution, its 
officers and employees, any and all of 
them, against and from any liability, loss, 
cost or expense whatsoever, including at­
torney’s fees, which the owning institu­
tion, its officers and employees, any and 
all of them, may at any time incur arising 
out of or relating to the reproduction of 
any of its manuscripts.

b. Acknowledgment. The publisher shall 
cause the reproduction of any manuscript 
collection or archival record group to 
show that it has been made from an origi­
nal in the library of the owning institu­
tion.

c. Quality of Reproduction. The publisher



97

shall cause his reproduction to be of a 
quality satisfactory to the institution from 
which he has borrowed the originals, and, 
if published on microfilm, shall meet the 
minimum standards for microfilming es­
tablished by the Library of Congress. If 
the reproduction is published in book 
form, the publisher must use permanent 
paper (as defined by the Barrow Labora­
tories, Richmond, Virginia).

d. The Original. (1 ) The publisher will not 
permit original manuscripts or other ar­
chival materials to suffer physical damage 
while in his care. Should damage occur, 
all repairs are to be made by qualified 
conservators in accordance with guide­
lines established by the owning institu­
tion and at the expense of the publisher. 
(2 ) If the archival or manuscript materi­
als are damaged beyond repair, the pub­
lisher must reimburse the owning institu­
tion at the value set by an independent 
appraiser who is jointly selected and 
therefore satisfactory to both the publish­
er and the owning institution.

e. Reproduction. The owning institution 
shall specify when the reproductions are 
to be made and the conditions under 
which they will be made.

f. Royalties. The owning institution shall 
receive from the publisher (1 ) an agreed 
royalty which has been established in ad­
vance by legal contract and (2 ) a suffi­
cient number of copies of the publisher’s 
reproduction for the institution’s internal 
use.

g. Restrictions. The publisher must respect 
any restrictions placed upon reproduc­
tions or copies of original manuscripts or 
archival materials furnished to him.

4. a. Both the owning institution and the pub­
lisher must inform purchasers of repro­
ductions that permission to make exten­
sive direct quotations or to print any re­
production in full must be obtained from 
the owning institution. Every reproduc­
tion must bear a clear statement to this 
effect.

b. Manuscripts must not be published with­
out due regard for common law rights, 
literary rights, property rights, and libel 
laws. ■ ■

ACRL Membership

January 31, 1973 ...............................  12,472

January 31, 1974 ...............................  13,722

January 31, 1975 ...............................  13,660

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CLR Board Elected

Page Ackerman, librarian of the Uni­
versity of California at Los Angeles, Ruth 
Davis, director of the National Bureau 
of Standards’ Center of Computer Sci­
ence and Technology, W arren J. Haas, 
librarian and vice-president of Columbia 
University, and Maximilian W. Kempner, 
member of the New York law firm of 
Webster Sheffield Fleischmann Hitch­
cock & Brookfield, have been elected to 
the board of directors of the Council on 
Library Resources, Inc. ( C L R ).

Classified A dvertising

NOTICE
Respondents to advertisers offering faculty 

"ra n k " and "status" are advised tha t these terms 
are ambiguous and should inquire as to benefits 
involved.

A ll advertisements submitted by institutions 
offering positions must include a salary range. 
The range should provide the ap plicant with an 
indication of the salary the institution is w illin g 
to provide for the position offered..

A ll advertisements for the. Positions Wanted 
and the Positions Open classifications w ill be e d ­
ited to exclude dire ct o r indirect references to 
race, creed, color, age, and sex as conditions of 
employment.

lassified advertising orders and copy, and cancellations, 
hould be addressed to the A dvertising Department, 50 
ast Huron Street, Chicago 60611, and should reach that 
ffice before the second of the month preceding p u b li­
ation of issue desired. Copy received after that time 
ay be held fo r the next issue.
Telephone orders for classified advertising, while not 

ncouraged because of the increased risk of copy error, 
ill be accepted. Calls should be directed to Leona 
wiech at (312) 944-6780. A confirming order should be 
ailed to the A dvertising Department as soon as pos­

ible following the call, along with typewritten copy to 
e used in proofreading the ad.
Rate fo r classified advertising is $1.30 per printed line.

POSITIONS WANTED

LS plus MA and postgraduate B.Ed. Five years' teach­
g plus I*/2 years' college public services, 2'/2 special 
dministration, 5 university technical services. Regular or 
pecial assignment. Full resume available; can relocate. 

rite Box Number 847.

POSITIONS OPEN

A cq u isitio n s

EAD OF ACQUISITIONS. ALA-accredited MLS, proven 
dministrative a b ility , substantial experience in acqui­
itions work, interest in developing automated acqui­
itions program. Faculty status, not professional title ; 
lig ib le  for tenure. Mandatory state retirement plan; 
IAA optional. Sick leave benefits; 20 days annual

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