Archives and Special Collections
Terms and Conditions of Deposit
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Data Protection
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Insurance and Liability
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Storage and Preservation
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Reproduction and copyright
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Document Control |
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File Name |
Archives and Special Collections Terms and conditions of deposit |
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Original Author(s) |
Head of Archives and Special Collections |
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Current Revision Author(s) |
Manager of Archives and Special Collections |
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ٲٳܲ |
Approved by Collections and Cultural Affairs Task Group 19 December 2022. |
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پٰܳپDz |
BU Digital Services and online |
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ܳٳǰٲ |
Archives and Special Collections |
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Version |
Date |
Author(s) |
Notes on Revisions |
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0.1 |
12/2015 |
Head of Archives and Special Collections |
Approved June 2016 |
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0.2 |
09/2018 |
Archivist |
Minor revisions |
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0.3 |
05/2019 |
Archives and Special Collections Manager |
Minor revisions throughout re. new conservation standards, legislation, management arrangements in the absence of Head of L&A, change of job title from “Head” to “Manager Approved by Taskgroup June 2019 |
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0.4 |
8/2022 |
Archives and Special Collections Manager |
Minor amendments reflecting the 2021 University restructure – the Archives & Special Collections now falls within Digital Services. Approved by Collections and Cultural Affairs Task Group, December 2022 |
Review date : August 2025
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The Archives and Special Collections forms part of Digital Services at ϲʹ (“We”, “Us”, and/or “ϲʹ”).
We are responsible for the collection and long-term preservation of manuscripts, archival collections and a diverse range of rare books and printed material.
Our aim is to ensure that our resources are accessible to all researchers, free of charge. We actively promote these collections as valuable research and learning tools and engage the wider community in our activities as well as the staff and students within ϲʹ.
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ϲʹ is willing to receive archival records (as defined by the current Collection Policy), but is under no obligation to accept a gift or deposit.
The following types of deposit (“Deposit”) may be made:
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purchase
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gift (whereby the owner donates ownership, control and all rights to the documents to ϲʹ)
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temporary Deposit for a fixed time and specific purpose [a.k.a. short term loan] (for example copying / teaching purposes / exhibition)
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indefinite Deposit for an unspecified length of time [a.k.a. long term loan] (usually understood to be a minimum of 50 years)
ϲʹ prefers that all archives and special collections are donated as a gift rather than deposited.
Depositors (“Depositors”) will be required to complete a “Form for receiving gifts” or a “Form for receiving deposits”. Any provisos about consulting material or objections to specific terms and conditions of deposit listed below must be expressed on these forms.
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(1) Gift
In the case of acquisition by gift or sale, the Depositor warrants that they are legal owner (or the person authorised to act on behalf of the legal owner) and agrees to transfer to ϲʹ absolute ownership of the deposited items, together with any rights of copyright or reproduction held by the Depositor in respect of those items, without condition other than that ϲʹ will hold the items on trust for use by the Archives and Special Collections for research and learning to the benefit of all stakeholders.
The Depositor must confirm that they are the legal owner of the records before transferring ownership, control and all rights to the records to ϲʹ.
(2) Temporary or Indefinite Deposit
The following conditions apply to records on temporary or indefinite Deposit:
The placing of records in the custody of ϲʹ does not affect ownership of the records.
It is understood that the records will remain in the custody of ϲʹ for a period sufficient to justify ϲʹ’s expenditure on cataloguing, conserving and storing them. Unless otherwise agreed, a loan agreement is usually understood to be a minimum of 50 years.
The Depositor shall supply to ϲʹ their full name and address to which all communications may be sent.
The Depositor (or any person with a power of attorney) is responsible for notifying ϲʹ of any change of address or change in ownership. Communications relating to deposited documents will be sent to the Depositor’s last address as notified to ϲʹ.
In the event of ϲʹ being unable to contact the Depositor despite reasonable enquiry, then in relation to all matters where the consent or agreement of the Depositor is required the Depositor shall be deemed to have given such consent or agreement.
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Data Protection
Personal data held on Depositors will be held by ϲʹ under the terms of the Data Protection Act 2018 (and GDPR) and ϲʹ’s Data Protection Policy. Personal data on Depositors will be maintained for the purposes of providing a record of the provenance and history of Deposits and to maintain a list of accepted owners of Deposits for the purposes of communication with the Depositor (where applicable).
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Insurance & Liability
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ϲʹ will insure the Deposit (from the time ϲʹ takes possession of the Deposit) against loss or damage until the Deposit is returned to the Depositor under the general insurance policy of ϲʹ (subject to the exclusions usually applying to such policy).
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ϲʹ is not able to offer valuations or appraisals on any Deposit or potential deposit.
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Deposits (temporary or indefinite) shall be insured for the cost of the repair and restoration of the Deposit which will be provided by Harwell Document Restoration Services. If a Deposit has a particular value, it is the Depositor’s responsibility to provide ϲʹ with an independent valuation for insurance purposes prior to the leaving the Deposit with ϲʹ and to notify ϲʹ of any changes to such valuation during the period of the deposit.
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Subject to these terms & conditions, ϲʹ’s total liability in relation to the Deposit shall be limited to the cost of the repair and restoration of the Deposit which will be provided by Harwell Document Restoration Services and in any event shall not exceed the amount recoverable to ϲʹ by its insurers under the insurance policy taken out by ϲʹ.
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Any further insurance cover required by the Depositor which is over what is set out in these terms & conditions, shall be the responsibility of the Depositor.
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Nothing in these terms & conditions shall limit or exclude ϲʹ’s liability for death or personal injury, or any fraud caused by its negligence.
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ϲʹ shall have no liability whatsoever (whether in contract, tort or otherwise) for any indirect or consequential loss (including but not limited to pure economic loss, loss of profits, loss of business or goodwill) howsoever caused.
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The Depositor shall indemnify and hold harmless ϲʹ against any and all action, claims, costs (including legal costs and expenses) damages, demands or liabilities brought against, suffered or incurred by ϲʹ arising out of the Deposit of the material and/or ownership claims by any third party relating to the Deposit.
ϲʹ reserves the right to return to the Depositor any records:
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which fall outside the terms of ϲʹ’s collection policy,
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which (in the opinion of ϲʹ) are deemed not to merit permanent preservation
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which, on inspection, are infested with mould or pests
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which ϲʹ’s Head of the Archives and Special Collections does not wish to retain within ϲʹ
or, with the consent of the Depositor, either to transfer them to a more suitable repository or to destroy them.
With regard to transfer or destruction ϲʹ will make reasonable enquiries to obtain consent of the Depositor before taking the appropriate action.
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Storage and Preservation
The records will be stored in conditions that comply with BS4971:2017 Conservation Care of Archive and Library Collections.
The records will undergo such conservation and repair as is deemed necessary by ϲʹ’s Manager of the Archives and Special Collections. Records in a fragile condition will be withheld from public access.
Records may be numbered in pencil (2B) with a reference code for their own safety and for purposes of identification.
Information re. audio tapes / cd’s / digital records (will be copied, migrated and distributed in whichever ways are deemed most suitable for their long term preservation).
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The records will be catalogued and indexed in accordance to the current cataloguing policy and guidelines. A paper copy of the catalogue will be supplied to the Depositor and to other bodies as appropriate. The catalogue will be made available online.
Copies of records may be incorporated within databases maintained by ϲʹ including the online catalogue.
Copyright in all catalogues and finding aids will be held by ϲʹ.
Records are normally open for public inspection free of charge in ϲʹ’s Archives and Special Collections Search room in accordance with the Reading Room Rules. However, some restrictions may apply:
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Where owners have negotiated conditions restricting access with ϲʹ, provided that unrestricted access is granted after the negotiated period has expired, subject to any legal constraints.
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Where records are uncatalogued.
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Where records are unfit for handling.
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Where legal enquires are known to be being made. In such instances, the permission of the Depositor would be necessary before production.
ϲʹ’s Archives and Special Collections regularly work with 3rd parties such as television companies and the media who may wish to copy, use, reproduce and publish the records and the Depositor consents to this usage of the Deposit as it fulfils the aim of the University in ensuring that the collection is accessible.
Records may be temporarily removed from ϲʹ archives for purposes of exhibition or other valid reason on the authority of ϲʹ’s Head of The Archives and Special Collections.
Access to records is provided in accordance with the terms of the Data Protection Act 1998 (and GDPR) and the Freedom of Information Act 2000.
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Reproduction and copyright
The gift or Deposit of records with ϲʹ does not necessarily mean that copyright also passes to the Service. Where the Depositor cannot assign the copyright to ϲʹ (for example, where such copyright is owned by a third party), the Depositor shall notify ϲʹ of the fact that copyright is not assigned.
ϲʹ may provide copies of records to the public for private study in accordance with current copyright legislation, and if the physical state of the records permits it and on payment of an appropriate charge.
Copies will be stamped accordingly.
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ϲʹ may reproduce records for the purposes of improving access and for use in exhibitions and publications, including ϲʹ’s website, subject to copyright provisions.
Users may take photographs of records for private study, in accordance with current copyright legislation, and if the physical state of the records permits it and on payment of an appropriate charge.
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ϲʹ will undertake all reasonable steps to advise any person taking a copy of a record that no records may be published in whole or in part, without the permission of the Depositor and/or copyright owner, as appropriate where the record is still in copyright.
Anyone known to be seeking to publish records will also be advised by ϲʹ:
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Of their responsibility to comply with the Copyright Act 1998. If a copy of a record still in copyright is required for the purpose of publication, the person wishing to publish will be advised to seek the consent of the copyright owners, who may not be the Depositors of the records.
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Of their responsibility to acknowledge ϲʹ and the Depositor in the published work.
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Loan
Records will only be loaned temporarily to another institution for the purpose of display with the Depositor’s consent and provided the facilities conform to BS4971:2017 and the institution has achieved accreditation (see Loans Policy).
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Documents on temporary deposit will be returned to the Depositor at the end of a mutually agreed period of time unless the Depositor decides to place them on indefinite deposit with the consent of ϲʹ.
Subject to below, the legal owner, or duly appointed agent, may permanently withdraw deposited records at any time after giving 6 months’ notice in writing. It may be possible to return small Deposits in a shorter period, at the discretion of ϲʹ. During this period ϲʹ reserves the right to copy the records in order to make the copies available for research and the Depositor agrees to this.
A Depositor withdrawing records permanently may be required to contribute towards the cost invested by ϲʹ in the collection’s storage, conservation and cataloguing. Such payment will be required before withdrawal takes place.
Any person withdrawing deposited records whether temporarily or permanently must provide written evidence which will prove their title to ownership of the deposited records to the satisfaction of ϲʹ.
The Depositor may withdraw records temporarily, after giving a minimum of one week's prior notice to ϲʹ’s Manager of Archives and Special Collections. The Depositor is asked to make proper provision for the security of the records during the period of withdrawal.
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In the event of any concerns or queries relating to the Deposit, and/or any complaints, the Depositor should contact ϲʹ’s Manager of Archives and Special Collections directly. In the event that the matter cannot be resolved, the matter may be referred to the Head of Digital Services.