Purpose

The Monterey Public Library acquires and maintains photographs, manuscripts, maps, and other archival materials documenting the history of the Monterey area and early California to inform and educate residents, visitors and researchers.

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 use and reproduction of materials in the Local History Collection.

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. The Monterey Public Library 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 Collection materials from the holders of any copyrights or other rights.

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

3. Monterey Public Library is not responsible for illegal or improper use of Local History Collection 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 Collection. 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.

Requirements for reproduction of archival materials

1. Access to archival materials must be obtained through prior consultation with the Archivist or designated staff as required by Policy 150: Access to the Local History Collection. Materials must be examined within the Library, in areas stipulated by staff. To reduce damage to the materials, archival handling practices will be followed or photocopies or digital representations will be used.

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

3. Customers requesting reproduction of archival materials must sign a completed Archival Reproduction Request Form including the customer's agreement to comply with this policy.

4. Access to and use of Local History Collection materials in the Library is free of charge. This policy establishes fees for reproduction of archival materials and other special services.

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

Staff responsibility for reproduction of photographic materials

1. Reproduction of designated archival materials by photocopying, photographic reproduction, digital imaging, or any other means will be performed by Library staff or by professional services designated by Library staff.

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

3. The Library reserves the right to prohibit reproduction and/or use of Local History Collection materials or to restrict the means of reproduction as required for preservation of brittle, fragile, damaged, or tightly bound materials or to comply with the conditions of acquisition.

Loans

No photographic materials will be loaned to users for reproduction or other purposes. The Monterey Public Library will arrange for all reproduction or copying of collection photographs by qualified professional photographic services. Under unusual circumstances, exceptions to this policy may be approved in writing by the Library Director designated staff.

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.

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.

Credit for use of Local History Collection materials

Credit should appear in each publication, display, or other use of Local History Collection materials indicating that the materials are from the Monterey Public Library. The preferred citation format is:

[Item name or number], Date, Collection Name, Local History Collection, Monterey Public Library, Monterey, California.

Fees for reproduction of archival materials

Reproduction of archival materials requires professional services and staff assistance beyond the limits of Library reference and document delivery services. Therefore, the Board of Library Trustees has established the following fees:

Fees for reproduction of archival materials by photographic services, duplication services or other vendors will be the total of:

• The itemized cost of the requested reproductions charged by the vendor.
• 20% of the above amount or $5.00 for Library staff handling and processing, whichever is greater.
• The itemized cost of any negatives or digital images produced for retention by the library.
• Sales tax charged by the vendor.

Fees for digital reproduction of archival materials by Library staff:

• Existing digital files without alteration: $5.00 per image or other file
• Newly created or altered digital files: $10.00 per image or other file

Fees for photocopying of archival materials by Library staff:

• $5.00 per order or $0.50 per photocopy, whichever is greater.

Fees for staff assistance:

• The Library Director may establish fees to offset the costs of staff assistance for filming, photography, or other reproduction of materials or artifacts in the California History Room or Local History Collection and other special services not included in this policy.