Local History Archive – Access, Use and Reproduction Policy

Issued: 12/19/2019
Updated: 8/13/2021

Mission:

The mission of Monterey County Free Libraries is to bring ideas, inspiration, information and enjoyment to our community.

Established in 1912, Monterey County Free Libraries acquires and maintains archival materials documenting the history of Monterey County to inform and educate residents, visitors and researchers. Current emphasis is on preserving and collecting materials representing the Monterey County Free Libraries service areas, including: Aromas, Big Sur, Bradley, Buena Vista, Carmel Valley, Castroville, Gonzales, Greenfield, King City, Marina, Pajaro, Parkfield, Pebble Beach, San Ardo, San Lucas, Seaside, Soledad and the other unincorporated areas of Monterey County.

Archival materials, such as historical photographs, letters, manuscripts, maps and pamphlets, are unique, irreplaceable, valuable, and subject to damage by improper handling or loss. In order to ensure that these unique and vulnerable materials are preserved for present and future users, and to comply with legal and professional requirements for management of archival collections, this policy provides conditions for access, use and reproduction of materials in the Local History Archive.

Prospective users of the Local History Archive are encouraged to request assistance and make an appointment to view materials. While public use of the Local History Archive is encouraged, MCFL maintains a controlled access policy to preserve and protect Local History Archive materials, ensuring use by future generations.

Under unusual circumstances, exceptions to this policy may be approved in writing by the Library Director, Assistant Director or designated staff. 

Terms of Use:

MCFL makes finding aids available to assist researchers in identifying needed material in the MCFL Local History Archive. Specific items may be requested for use with deposit of appropriate identification. 

Conditions for In-Person Access to the Local History Archive:

1. An appointment in advance is required in order to ensure time for location and proper handling of requested materials.

2. Staff supervision is required for use or reproduction of materials in order to safeguard their handling. Staff will retrieve and open all materials and limit the number of items brought out as they deem necessary.

3. Users are required to show appropriate identification and complete the Local History Archive Visitor’s Register before being allowed to access materials. This Register includes a statement indicating that users have read and will comply with the Access, Use and Reproduction Rules. Appropriate identification consists of a current MCFL library card, driver’s license, state identification card, military identification card, or school identification card.

4. Materials must remain on-site during use or reproduction.

5. In an effort to secure the collection, personal property such as bulky outer clothing, large bags, backpacks, and laptop cases will not be allowed in the archival research area. On-site lockers may be available for storage of personal items.

6. No food, drink or gum is allowed.

7. Only approved writing materials (pencils or personal computers) may be used for taking notes while using material from the collection.

8. Researchers are asked to handle materials carefully. Researchers must keep papers in their folders, maintaining the order in which they are arranged and handling them as little as possible.

9. MCFL reserves the right to inspect bags or other belongings upon leaving the library.

10. The use of small personal device cameras without flash will require permission from the Library Director or designated staff and may be permitted for research purposes only.

11. By signing the Visitor Register, the researcher is agreeing to abide by this Policy and the regulations of U.S. copyright law (U.S. Code, Title 17). Any violations of the copyright law are the responsibility of the researcher and are not the responsibility of Monterey County Free Libraries. 

Use of Copyrighted materials:

1. The copyright law of the United States (Title 17, United States Code) governs reproduction and other uses of copyrighted materials. MCFL holds physical property rights through ownership of archival materials. Copyright, however, may reside with the creators, the creators’ estates or others. It is the customer’s responsibility to secure all legally required permissions for reproduction and/or use of Local History Archive materials from the holders of any copyrights or other rights.

2. MCFL is not responsible for illegal or improper use of Local History Archive materials. The Library makes no warranties or representations and assumes no responsibility whatsoever for any claims against customers or the Library by the creators, their agents or estates, or any other parties in connection with the use or reproduction of works in the Collection. Customers reproducing or requesting reproduction of materials agree to indemnify the Library and hold it harmless against any and all such claims, including copyright infringement claims, royalty or fee demands or actions, and/or the cost thereof, arising as a result of the reproduction of works in the Archive. Any and all royalty payments or other requirements specified by the owner of such works must be honored by the publishers or the customer reproducing or requesting reproduction of materials.

3. Reasonable efforts will be made to identify the holders of rights to materials acquired for the Local History Archive Collection. Staff will assist customers wishing to use Local History Archive materials by providing available information.

Requirements for reproduction of archival materials:

1. Access to and use of Local History Archive materials is free of charge. This policy establishes processes and fees for reproduction of archival materials and other special services.

2. To reduce damage to the materials, archival handling practices will be followed or photocopies or digital representations will be used.

3. Reproductions of photographic materials may be obtained for purposes of publication, research, or personal use providing the conditions of the original material permits safe reproduction and there are no gift, purchase or legal restrictions on reproduction.

4. Customers requesting reproduction of archival materials must sign a competed Digital Image/Archival Reproduction Request Form.

5. When the Library does not own the negative for a requested photograph, a digital reproduction will be produced as part of the reproduction order. The cost of the digital file will be included in the fee paid by the customer. The digital file will be retained by the Library.

6. Customer’s USB sticks/flash drives for digital reproductions: If a customer supplies one, it must be new, never used, in an unopened package. New USB sticks/flash drives may also be available for purchase from MCFL

Staff Responsibility for Reproduction of Local History Archive Materials:

1. Reproduction of photographs or archival materials by photocopying, photographic reproduction, digital imaging, or other means will be performed by designated Library staff or by professional services contracted by the Library Director or their designee.

2. Filming, photography, or other reproduction of materials in the Local History Archive must be approved in advance and under the oversight of the Library Director or designated staff. Flash cameras, personal scanners, and personal photocopiers may not be used.

3. The Library reserves the right to prohibit reproduction and/or use of Local History Archive materials or to restrict the means of reproduction as required for preservation, security, or to comply with the conditions of acquisition.

Use of Reproductions:

1. Reproduced archival materials may not be deposited with or donated to any other repository or institution except as used in publication in compliance with law and this policy.

2. Archival materials may not be reproduced for resale, and reproductions may not be supplied to commercial collectors or publishers for resale, except as in compliance with law and this policy.

3. Any enhancement, retouching, or alteration of images or other reproduction for publication, display, or other use must be authorized by copyright owners as required by law. Credit for use of altered images should include a statement indicating that the original image has been altered.

4. The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Under certain conditions specified in the law, libraries and archives are authorized to furnish a photocopy or other reproduction. One of these specified conditions is that the photocopy or reproduction is not to be “used for any purpose other than private study, scholarship, or research.” If a user makes a request for, or later uses, a photocopy or reproduction for purposes in excess of “fair use,” that user may be liable for copyright infringement. (See 17 U.S.C. 108, 702; 37 C.F.R. 201.14.) Users are warned that MCFL collections contain documents in which MCFL does not hold copyright. It is solely up to each user to discover and to satisfy any copyright liabilities or obligations, including limits of fair use as currently interpreted in Law. MCFL reserves the right to refuse to accept a copying order if, in its judgment, fulfillment of the order would involve violation of copyright law.

Credit for Use of Local History Archive materials:

Credit should appear in each publication, display, or other use of Local History Archive materials indicating that the materials are from the Monterey County Free Libraries. The following credit line will be given under materials when they are displayed, used by commercial media, or published:

“Courtesy of the Monterey County Free Libraries, Marina, CA”

Fees for Reproduction of Archival Materials:

Reproduction of archival materials requires professional services and staff assistance beyond the limits of reference services provided free of charge by MCFL. Therefore, the Monterey County Board of Supervisors has established that MCFL has the right to set up fees as appropriate for staff time, actual materials costs and use of related equipment.