94- 073 C.M.R. ch. 502, § 5

Current through 2024-51, December 18, 2024
Section 073-502-5 - PROCEDURES

Any person wishing to make a reproduction of an artifact from the Museum collections shall complete and submit a request to the Director on a form designated by him.

The Director shall assess the request and determine whether to grant reproduction privileges, according to the guidelines and standards set forth in sections 3 and 4.

The Director shall make all decisions pertaining to reproduction for replacement, interpretive and other non-commercial purposes.

Applications or other arrangements for reproduction rights pertaining to commercial sales of reproductions shall be approved by both the Director and the Commission. The Director shall prepare a written report for the Commission on each request which he approves, outlining the reasons for his approval, in accordance with the standards set forth In this rule.

No reproduction activities may be commenced without the execution of a licensing or other agreement between the Director, acting for the Museum, and the applicant and payment by the applicant of all required fees. All agreements shall meet applicable provisions of the laws and rules pertaining to the Department of Finance and be approved by legal counsel. Said agreements shall include the conditions specified in this rule.

Licensing agreements may limit the sale of the reproduction to specified locations and vendors and must specify the numbers of reproductions to be made.

Licensing agreements shall provide for a cessation of reproduction or vendor activities in the event of the following:

a. Reproductions are made with fraudulent intent;
b. Reproductions are knowingly being made and/or sold for purposes which discredit the Museum and Its collections;
c. Reproductions do not convey a clear sense of the artistic and/or historical characteristics of the original artifacts;
d. Reproductions are being advertised or sold as original works,
e. Reproductions are not clearly identified as such; or

f A conflict of interest has occurred in the execution of the licensing agreement.

94- 073 C.M.R. ch. 502, § 5