94- 073 C.M.R. ch. 502, § 4

Current through 2024-51, December 18, 2024

Section 073-502-4 - STANDARDS FOR DECISIONS ON REPRODUCTION RIGHTS

A. Reproductions for Commercial Sale

Reproduction privileges for commercial sale purposes may be granted solely at the discretion of the Director and the Commission, and only upon the following findings:

1. Damage to the original artifact is unlikely to occur;

2. The reproduction will convey a clear sense of the artistic and/or historical characteristics of the original artifact;

3. Craftsmen are available to produce reproductions of high quality;

4. Adequate safeguards exist to distinguish the reproduction from original artifacts;

5. Reproduction activities will not unduly interfere with regular activities of the Museum and Museum staff.

6. No similar item is being reproduced for sale in the state.

7. Sale of the item will contribute to public awareness and appreciation of Museum collections, will enhance the general mission of the Museum, and will provide aesthetic pleasure to holders;

8. The Museum will benefit from the activity through an appropriate fee or royalty arrangement.

B. Reproduction for Noncommercial Purposes

Reproduction of artifacts to be used for replacement or supplement or for similar purposes in other museums, historical societies, non-profit organizations or buildings of the State of Maine may be made if approved by the Director. Such decisions shall be solely within the Director's discretion and may be made only upon the conditions specified in sub-section A. para 1-5.

C. Reproduction for Replacement Purposes

Decisions to authorize reproductions of Museum collection artifacts which have been lost or destroyed or are too fragile for public exhibit shall be solely within the discretion of the Director.

D. Reproduction of "Generic" Artifacts

Decisions on the reproduction of "generic' artifacts to be used for commercial or noncommercial purposes shall fall solely within the discretion of the Director. Any such decisions must be made only upon the findings of specific conditions specified is sub-section A, para.1-5. The Director shall establish a fee schedule which may distinguish between commercial and non-commercial purposes.

94- 073 C.M.R. ch. 502, § 4