The Mississippi Department of Archives and History (MDAH) offers various ways to obtain copies of items in MDAH collections as a contribution to education and scholarship. The purpose of this policy is to define MDAH policies regarding the acquisition and non-personal use of reproductions of archival items held by MDAH.
Some materials in these collections may be protected by the U.S. Copyright Law (Title 17, U.S.C., in accordance with the Berne Convention for the Protection of Literary and Artistic Works), and the Digital Millennium Copyright Act. Additionally, the reproduction of some materials may be restricted by terms of gift agreements, privacy and publicity rights, licensing and trademarks.
Copyright may be difficult or even impossible to determine for archival collections. Whenever possible, MDAH will provide information about copyright interests in and other restrictions on archival materials. MDAH provides this information as a service to aid the patron in determining the legality of the intended use of an item, but that determination ultimately rests with the patron. It is the patron’s obligation to determine and satisfy copyright or other use restrictions when publishing or otherwise distributing materials found in MDAH collections.
Reproduction charges are set by MDAH Board of Trustees and are subject to change without notice. Mississippi law requires payment in advance for all duplication services rendered (MCA, §25-61-7). Minimum and expedited charges are not waived.
MDAH may delay the reproduction of fragile items until appropriate conservation measures can be completed. Such measures are implemented as scheduling and available funds allow. The patron may choose to expedite this process by paying the cost of conservation measures necessary to safely reformat an item.
No copies of archival materials shall be donated to other institutions without the written consent of MDAH.
Photocopies as well as paper copies of microfilm images and electronic images accessed in the Search Room are produced by the patron.
If MDAH or an approved vendor cannot provide the desired format, MDAH may approve the use of personal equipment by the patron to produce the copy. All work must be done under the direct supervision of MDAH staff, and all archival materials will be handled only by MDAH staff. Such requests must be made in advance using the Public Order Form. If approval is granted, the patron must then contact the Public Order Clerk to set up an appointment to reproduce the materials. Failure on the part of the patron to appear at the appointed copying time will result in a cancellation of the appointment and of the public order. Additional charges for this service are not refundable.
Paper copies of microfiche images are produced by the reference staff at the reference desk on an "as time allows" basis. Requests for any other copies, regardless of format, must be requested using a Public Order Form.
A patron must submit a Public Order Form for the acquisition of copies not produced by the patron or the staff in the Archival Reading Room. Production time is usually within fourteen (14) working days, subject to the size of the order and the number of orders received. Orders are processed in the order in which they are received. Depending upon the volume of orders, MDAH may be able to offer expedited service; however, no delivery date can be guaranteed. Additional charges for expedited service are not refundable.
MDAH will select the vendor to provide duplication services. Normally, the vendor will be MDAH itself. If another vendor is used, the vendor must be approved by MDAH. The patron will make direct payment arrangements for vendor services. MDAH will not be responsible for the quality of duplication work performed by another vendor. A vendor delivery fee will be charged for each order placed with an outside vendor. However, no vendor duplication work will be authorized by MDAH until the patron and the vendor have agreed on payment terms, and the vendor has notified MDAH of the agreement. MDAH will be responsible for delivering the original material at the time agreed upon with the vendor and picking up both the original material and the reproductions.
All orders are shipped via standard U.S. mail unless otherwise requested. A standard postage and handling charge is assessed, but exceptionally large orders will be assessed the additional postage costs. MDAH will only ship through express carriers with third-party billing.
If publication or broadcast of the reproduction is intended, the patron must receive written permission from the Archives and Library Division director and any copyright holder(s), if applicable. Special restrictions are applied to certain items, based on format, and are detailed below. Use on the Internet or any web site is prohibited without prior written permission from MDAH director and copyright holder(s), if applicable.
Permission is granted for use for a period of no more than ten (10) years; rights are not granted in perpetuity. MDAH, and copyright holders, must approve superimposition of text, cropping, bleeding, addition of color, or other alterations at the time the request for duplication is approved.
It is the policy of MDAH to assess a use fee for the use of reproduced items from the collections of the Archives and Library Division. Use fees and categories are set by MDAH Board of Trustees and are subject to change without notice.
The MDAH Board of Trustees establishes use fee categories. MDAH will determine the category of proposed use. Proof of Internal Revenue Service filing category is required to qualify for the not-for-profit fee rate.
Use fees are for a one-time, non-exclusive use of the image(s) in one product distributed in one format/medium in one language and are in addition to any production, handling, and mailing costs. Any subsequent use constitutes a reuse and must be approved by MDAH following the procedures set forth in this policy. The reproduced material may not be used in other media or formats without the express, written permission of MDAH.
A current copy of the use fee schedule is maintained at MDAH.
Legal residents of Mississippi and organizations chartered in Mississippi will not be charged use fees. Mississippi government agencies will not be charged use fees unless the intended use is related to a product that will be distributed for a price.
Each user of reproduced MDAH material will agree to indemnify MDAH for any liabilities incurred by MDAH as a result of misuse by the user.
The following definitions apply to use fee categories.
| All Rights | All TV (television broadcast, cable/satellite television), public display, theatrical, home video distribution, and multi-media products; excludes Internet or Web |
| All TV | Television broadcast and cable/satellite distribution; excludes distribution |
| Television broadcast | Broadcast on standard television; excludes distribution |
| Cable/satellite television transmission | Viewing only on the cable/satellite channels |
| Public display | Public eductional and informational uses at community and civic activities |
| Theatrical (non-broadcast) | For use in theatrical production |
| Distribution in addition to other media | Consumer products offered for sale after programs are broadcast or transmitted. Consumer products not associated with a broadcast or transmission are charged under Other Media (multi-media products). |
| Other media (multimedia products) | Consumer products not associated with a broadcast or transmission |
| Not-for-profit | Any entity that has a Internal Revenue Service 501(c)3 filing status |
MDAH may request two complimentary copies of the final product.
MDAH prints the negative "as is" without alterations. If alterations or enhancements are desired, a request may be submitted for a copy negative. The patron can then, with the permission of copyright holder(s), if applicable, have the negative printed to specific requirements by a private vendor.
Expedited service (within 5 working days) may be available for orders of up to ten (10) images and is offered on a "first-come, first-served" basis. Depending upon the volume of orders, MDAH may not be able to offer expedited service for all orders.
The Eudora Welty Collection is governed by a separate, specific policy.
Requests for reference and production copies must be made in writing and include subject content, project information, intended use(s), contact information, and express delivery number (if third party shipping is desired).
If delivery to an outside vendor is required, the cost of transporting the original material will be billed as a production cost. Such transportation costs include, but are not limited to, public transportation, car rental, food, lodging, insurance, and salary expenses.
Prior to delivery of the copied product, a use agreement tendered by MDAH covering the product must be executed by the patron and MDAH.
A reference viewing tape is provided in VHS format. Each reference tape will include time code. The reference tape (with time code) must be returned before a production tape can be provided.
Time-code citations must be provided as part of a request for a production tape.
Any duplicates received by a patron and any subsequent authorized reproductions must be returned to MDAH upon or before a date specified by MDAH. A per-day late fee will be charged for material returned after the agreed-upon date.
MDAH director may grant a written exemption to this provision to allow an individual to retain permanently a reference tape for personal home use.
Individuals and entities exempt from the payment of use fees must pay a deposit for each audiotape and production videotape, unless permanent retention of the reproduction has been authorized in writing by MDAH director. This deposit is refundable upon the return of the duplicate to MDAH.
The use fee total is calculated on the footage ordered in the production tape, regardless of how much of the footage is used in the final product.
Expedited service (within 5 working days) may be available for orders of up to ten (10) segments and is offered on a "first-come, first-served" basis. Depending upon the volume of orders, MDAH may not be able to offer expedited service for all orders.
Requests for motion picture production footage in excess of 300 seconds will be eligible to a 10% discount on any use fees charged.
Requests for reproductions must be made in writing. Include subject content, project information, intended use(s), contact information, and express delivery number (if third party shipping is desired).
Prior to delivery of the reproduction, a use agreement tendered by MDAH must be executed by the patron and MDAH.
Any duplicates received by a patron and any subsequent authorized reproductions must be returned to MDAH upon or before a date specified by MDAH. A per-day late fee will be charged for material returned after the agreed-upon date.
MDAH director may grant a written exemption to this provision to allow an individual to retain permanently the reproduction for personal home use.
MDAH does not currently possess the ability to reproduce audio in other formats, and the use of an outside vendor may be required. Reproduction may require the creation of an archival master copy. The patron must assume the costs for the production of this master copy, which is retained by MDAH.
The digital imaging policy of MDAH is supplementary to and subject to all other image reproduction policies established for the various collections held by MDAH. It is also subject to U.S. Copyright Law (Title 17, U.S.C., in accordance with the Berne Convention for the Protection of Literary and Artistic Works), and the Digital Millennium Copyright Act.
MDAH will only produce digital images from items held in the public domain or from copyrighted items for which permission to digitize has been obtained from the copyright owner(s). It is the patron’s responsibility to contact the copyright owner(s) to request that the copyright owner(s) send MDAH written permission to digitize and distribute the copyrighted item.
MDAH may limit the number of digital images in any one order and may apply additional charges for material that is unusually difficult to scan. Requests for imaging will be denied if the item is too large or too fragile to be scanned with available hardware.
Patrons are not permitted to image items from any of MDAH collections with a personal scanner, digital camera, or other portable imaging device.
MDAH standard for digital imaging is to scan from the original item "as is," with two exceptions: (1) negative images are converted to positives, and (2) 35mm slides and negatives are scanned proportional to their original dimensions to a roughly 5"x7" size. MDAH does not retouch images. Custom images (resized, cropped, or saved as a different file type or on different storage medium) may be ordered, at the discretion of the copyright owner(s) and collection curator, with reimbursement of higher production costs. The patron must obtain specific permission from the copyright owner to crop an image before MDAH will produce the cropped image.
Expedited service (within 5 working days) may be available for orders of up to ten (10) items and is offered on a "first-come, first-served" basis. Depending upon the volume of orders, MDAH may not be able offer expedited service for all orders.
The Eudora Welty Collection consists of manuscripts, photographs, printed works, and other materials presented to MDAH by Miss Welty and Eudora Welty, LLC. The following rules and regulations for the administration of the Welty Collection are thus intended to protect the artistic and copyright interests of Eudora Welty, LLC, while conforming to MDAH's role as a public repository of private records:
All copyright interest is held by Eudora Welty, LLC. The Welty Collection curator must receive written permission from Eudora Welty, LLC, for the publication and/or broadcast of any item(s) in the Welty Collection. The permission of Eudora Welty, LLC, and subsequently of MDAH, applies to the original request only. Appropriate credit will be given to Eudora Welty, LLC, as holder of copyright interest and to MDAH as the owner of the original material.
All unrestricted materials opened for research are available. An interview with the Archives and Library Division director or Welty Collection curator is required before research use begins.
MDAH must receive permission from Eudora Welty, LLC, in order to provide copies of any item(s) in the Welty Collection.
Eudora Welty, LLC, has authorized the Archives and Library Division director, in his discretion, to permit photocopies of unrestricted photographs. Copies may not be further reproduced. All copy work will be handled by MDAH staff.
The patron must submit a written request for the acquisition of photographic copies. The request must state the specific use and time of use for the requested photographic copies and must be limited to a one-time use. MDAH must be assured that the proposed use will result in a suitable presentation of the photographic copy.
MDAH standard for producing photographic copies is to print from the negative as is. Any extraordinary processing specifications must be included in the request. Superimposition of text, cropping, bleeding, addition of color, or other alterations must be approved by MDAH at the time the request for photographic copies is approved.
Upon receipt the written request is forwarded to Eudora Welty, LLC, for approval. If approval is received from Eudora Welty, LLC, MDAH will render its decision.
MDAH reserves the right to limit the number of photographic copies and to make special quotations on material involving unusual difficulty in copying.
If approval is granted by both Eudora Welty, LLC, and MDAH, the patron and MDAH must execute a use agreement stating the terms of use of the photograph(s). This agreement must be executed before the actual order is placed.
A use fee will not be assessed for a one-time, not for profit use of photographic slides for scholastic purposes.
Any unauthorized use will result in a use fee assessment of no less than double the applicable commercial rate. MDAH will use any and all legal means to prevent and prosecute further unauthorized use.
Any reproductions received by a patron and any subsequent authorized reproductions must be returned to MDAH upon or before a date specified by MDAH. A late fee will be charged for material returned after the agreed-upon date. Prints not returned within four weeks will be considered missing, and a non-refundable missing fee, in addition to all other charges and fees, will be assessed for such prints.
Eudora Welty, LLC, and MDAH director may grant a written exemption to this provision to allow an individual to retain permanently the reproduction for personal use. Exemption requests should be submitted in writing to MDAH.
Credit will be given as "© Eudora Welty,LLC; Eudora Welty Collection — Mississippi Department of Archives and History."
| Self-service copy charges, per page | |
| Photocopy, per page | $0.20 |
| Microfilm print, per page | $0.25 |
| Computer print-out, per page | $0.25 |
| Other self-service copy charges | |
| Setup and one hour production time (non-refundable) | $25.00 |
| Each production hour beyond first hour, flat rate | $15.00 |
| Staff reproduction of archival materials | |
| Microfilm duplication of existing roll, per roll | $23.00 |
| Microfilm print, per page | $0.40 |
| Photocopy | $0.25 |
| Black and White Photographs | |
| 5 x 7 print | $10.00 |
| 8 x 10 print | $12.00 |
| 11 x 14 | $20.00 |
| 4 x 5 copy negative | $22.00 |
| oversize (11 x 14 or larger) photographs, per item |
$10.00 |
| Expedited service | 50% of item duplication fees (minimum $50.00) |
| Audiotapes | |
| Setup fee, per order | $25.00 |
| Per hour production time, flat rate | $15.00 |
| Materials charge, per item | $5.00 |
| Expedited service, per hour | $150.00 |
| Videotape, reference with timecode | |
| Per hour production time | $15.00 |
| First hour of footage | $50.00 |
| Each additional hour of footage | $100.00 |
| Materials charge, per item | $5.00 |
| Expecited fee, per hour | $150.00 |
| Late fee, per day | $50.00 |
| Videotape, production | |
| Per hour production time | $15.00 |
| Materials charge, per item | $10.00 |
| Expedited service | 50% of use fees (minimum $150.00) |
| Late fee, per day | $50.00 |
| Digital Imaging | |
| 300 pixel per inch TIFF image on CD-R | $7.00 |
| custom image (resized, cropped, or saved as a different file type or on different storage medium |
$14.00 |
| 5 x 7 print on inkjet photo paper | $8.00 |
| 8 1/2 x 11 print on inkjet photo paper | $9.00 |
| 11 x 17 print on inkjet photo paper | $10.00 |
| Expedited service, per image | $50.00 |
| Shipping and Handling | $2.00 |
Profit/Not for profit status is determined by the entity requesting the footage, not by the entity funding the project.
| For-profit | Not for profit | |
| Photographs | ||
| Cover, book or magazine | $75.00 | $25.00 |
| Calendar, poster | $50.00 | $25.00 |
| Exhibition, display (permanent) | $50.00 | $25.00 |
| Exhibition, display (temporary) | $30.00 | $15.00 |
| Text illustration | $40.00 | $20.00 |
| Book, magazine, serial; Video, film, multimedia (other than Web use) |
$40.00 | $20.00 |
| For profit (per second) |
Not for profit (per second) |
|
| Motion Picture Film and Video | ||
| All Rights | ||
| Worldwide | $70.00 | $35.00 |
| National | $65.00 | $32.00 |
| Local | $40.00 | $20.00 |
| All TV | ||
| Worldwide | $30.00 | $15.00 |
| National | $25.00 | $12.00 |
| Local | $15.00 | $7.00 |
| Television Broadcast | ||
| Worldwide | $25.00 | $12.00 |
| National | $20.00 | $10.00 |
| Local | $15.00 | $7.00 |
| Cable/satellite television transmission | ||
| Worldwide | $25.00 | $12.00 |
| National | $20.00 | $10.00 |
| Local | $15.00 | $7.00 |
| Distribution in addition to All TV, or television broadcast, or cable/satellite television transmission | $10.00 | $5.00 |
| Public Display | ||
| Worldwide | $20.00 | $10.00 |
| Worldwide plus distribution | $25.00 | $12.00 |
| National | $10.00 | $5.00 |
| National plus distribution | $15.00 | $7.00 |
| Local | $7.00 | $3.00 |
| Theatrical (non-broadcast) | ||
| Non-broadcast (distribution) | $25.00 | $12.00 |
| Non-broadcast (non-distribution) | $15.00 | $7.00 |
| Other Media (multimedia products) | ||
| Commercial/worldwide | $25.00 | $12.00 |
| Commercial/national | $20.00 | $10.00 |
Profit/Not-for-Profit is determined for the entity requesting the footage, not for the institution funding the project.
| For profit (per second) |
Not for profit (per second) |
|
| Motion Picture Film and Video | ||
| All Rights | ||
| Worldwide | $5.00 | $2.00 |
| National | $4.00 | $2.00 |
| Local | $3.00 | $1.00 |
| Radio broadcast and cable/satellite transmission | ||
| Worldwide | $4.00 | $2.00 |
| National | $3.00 | $1.00 |
| Local | $2.00 | $1.00 |
| Television broadcast and cable/satellite transmission | ||
| Worldwide | $4.00 | $2.00 |
| National | $3.00 | $1.00 |
| Local | $2.00 | $1.00 |
| Distribution in addition to All Rights, Radio/Television broadcast, cable/satellite television transmission | $2.00 | $1.00 |
| Public Display | ||
| Worldwide | $3.00 | $1.00 |
| Worldwide plus distribution | $4.00 | $2.00 |
| National | $1.00 | $1.00 |
| National plus distribution | $2.00 | $1.00 |
| Local | $1.00 | $1.00 |
| Theatrical (non-broadcast) | ||
| Non-broadcast (distribution) | $4.00 | $2.00 |
| Non-broadcast (non-distribution) | $3.00 | $1.00 |
| Other Media: multimedia product only | ||
| Commercial/worldwide | $3.00 | $1.00 |
| Commercial/national | $2.00 | $1.00 |
Profit/Not-for-Profit is determined by the entity requesting the footage, not by the institution funding the project.
| For profit (per second) |
Not for profit (per second) |
|
| Text illustration | ||
| 1-3 images | $200.00 | $50.00 |
| 4 or more images | $200.00 | $200.00 |
| Video, film, slide show or other non-print medium | $100.00 | $50.00 |
| Facsimile reproduction | $1,000.00 | $500.00 |
| Exhibition | $200.00 | $50.00 |
| Other Uses | Fee on request | Fee on request |
| Late Fee, per day | $150.00 | $150.00 |
| Missing Fee | ||
| 5 x 7 | $500.00 | $500.00 |
| 8 x 10 | $1,000.00 | $1,000.00 |