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Section II Regulations for the use of Use the documenta archiv documenta und Museum § 2 Beneficiaries

Fridericianum gGmbH The archival, library, and collection material is available for use by authorities, courts, and other public bodies as well as natural and legal Section I persons in accordance with the Hessian General information Archive Act and these regulations for use.

§ 1 Scope of application § 3 Purpose of use

(1) These regulations for use apply to the The archival, library, and collection material documenta archiv and all its departments can be viewed and evaluated as long as a maintained by documenta und Museum legitimate interest in its use is demonstrated. A Fridericianum gGmbH (hereinafter referred legitimate interest is given in particular if the to as “documenta archiv”) and tothearchival, use is for personal, official, scientific, library, and collection material stored there. educational, journalistic, or commercial purposes. (2) The provisions made for the use of archival, library, and collection materials shall apply accordingly to the use of finding aids, § 4 Request for use databases, other aids, and reproductions. Reproduktionen. (1) A written application for use must be (3) In the use of archival, library, and collection submitted to the documenta archiv. materials which have been handed over to the archive by third parties (estates, photographic (2) The application for use shall state the last collections, etc.), agreements with the owners name, first name, and address of the user, if or the persons handing over the materials and applicable the name and address of the specifications made by them take precedence contracting entity/entities, as well as the over the provisions of these regulations for exact intended use, the predominant purpose use. In such cases, the documenta archivwill of use, and the type of evaluation. If the user inform the authorized user of any regulations is a minor, they have to inform us. that deviate from these regulations. (3) A separate application for use must be submitted for each intended use.

(4) The user is obliged to comply with the usage regulations. The documenta archiv mayrequire the user to submit a written declaration that they will respect existing third-party rights when using the archival, library, and collection material, in particular copyrights and personal

Agency and billing address: Chairman of the Supervisory Board: Court of Registry: AG Kassel, HRB 2154 documenta und Museum Christian Geselle, Lord Mayor VAT Identification Number DE 113060585 Fridericianum gGmbH of the City of Kassel Tax number: 025 250 70040 documenta archiv Friedrichsplatz 18 Chief Executive Officer: Kasseler Sparkasse 34117 Kassel Dr. Sabine Schormann IBAN DE 70 5205 0353 0000 060082 Bank account number 60 082 SWIFT 520 503 53

rights, and that in the event of non-compliance b. the archive, libraries, and collections are they will indemnify the documenta archiv required for official purposes, within the against third-party claims. scope of cataloging work or because of simultaneous other use, (5) The user must identify themself upon request. c. the user does not guarantee compliance (6) In the case of written or oral requests, a with the usage regulations, written request for use may be waived. d. the use of the system would result in an

unjustifiable administrative burden.

§ 5 Permission of use (4) If the use of blocked documents is requested,

the user must provide the consent of the (1) Permission to use the archive is granted by the person(s) concerned or demonstrate that the documenta archiv management. It is onlyvalid use is intended to benefit the person concerned. for the use of the archive and for the purpose The documenta archiv’s dutiful discretion shall stated in the application. be applied to assess the existence of an advantage. (2) Permission of use shall be denied if and to the extent that (5) Use may also be restricted to parts of the archival, library, and collection material, to a. there is reason to believe that the anonymous reproductions or to the provision interests of the Federal Republic of of information. Conditions that may be or one of its federal states considered are, in particular, the obligation to would be endangered, make names anonymous in the event of publication and to observe the interests of b. there is reason to believe that the use affected persons or third parties worthy of conflicts with protection of legitimate protection, as well as the prohibition to pass interests of the persons affected or third on copies to third parties. parties, (6) Archival material is excluded from use as long c. reasons of secrecy require it, as it is subject to a legal protection period (see § 13 of the Hessian Archive Law), or a d. the state of preservation of the archival, retention period, and the period has not been library, and collection material would be shortened. endangered. (7) The authorization of use may be revoked, in (3) Permission to use the system may be refused particular, if untruthful statements have or subject to conditions, in whole or in part, if been made in the application for use, if statements are no longer correct, or if the a. the purpose of the use can be achieved by regulations for use are not observed. other means, in particular by consulting Furthermore, the permission of use may be printed works or reproductions, and use of subject to subsequent conditions. the original is not absolutely necessary for scientific or legal reasons (8) Should the user seriously or repeatedly violate these regulations, or should the documenta archiv otherwise be unable to continue its

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relationship with the user due to special guide dogs and guide dogs, it is not permitted circumstances, the documenta archiv to bring animals into the user room. management may temporarily or permanently exclude the user from using the documenta (7) The use of dictation machines, computers, archiv. and illuminated reading magnifiers is permitted if it neither endangers archival, library, and collection materials nor disrupts the orderly flow of use. The use of other § 6 Use in the archive technical equipment requires special

permission. Such permission can only be (1) Use of the material is by way of inspection of granted if there are no conflicting finding aids, archival, library, and collection conservation or legal concerns. materials and reproductions in the designated rooms of the documenta archiv. Itmayalso (8) The user must behave in such a way that be carried out by replying to written enquiries nobody is impaired in theirjustified claims, or by handing in reproductions. others are not hindered or endangered, and the archival operation is not disturbed. (2) Oral or written information may be limited to

references to relevant archival, library, and

collection material. § 7 Reproductions

(3) The archival, library, and collection material, reproductions, finding aids, and other aids (1) The production, publication, and use of analog shall be treated with the greatest care. These or digital reproductions of the archival and as well as the facilities and buildings may not collection materials can only be carried out in be damaged or soiled. A change in the state accordance with the provisions of this § 7 of order, the removal of components, and as well as an authorization of use granted in the attachment or removal of endorsements is accordance with § 5 of the regulations for prohibited. use. A separate written request must be made for each publication. (4) The unauthorized removal of archival, library, and collection material from the rooms (2) The selection of the archival materials to be intended for use is prohibited. The documenta reproduced must always be made by the archiv staff is authorized to carry out checks. user(s) themselves in the archive.

(5) The documenta archiv may limit theextent (3) Publication, dissemination, copying, or of the archival, library, and collection material public disclosure of reproductions is only to be submitted at the same time, and may permitted with the prior consent of the limit the time they are kept available for use. documenta archiv and only for thestated purpose. (6) In order to protect the archival, library, and collection materials, smoking, eating, and (4) Whenever reproductions are published, the drinking in the user room is strictly prohibited, documenta archiv and the archive signature as is telephoning, using ballpoint pens, used there must be indicated. permanent pens, ink pens, or the like. Bags, folders, coats, and the like may not be taken (5) The documenta archiv alone decides onthe into the user room. With the exception of appropriate reproduction procedures.

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Photographic films and other reproductions, be made subject to conditions. with the exception of image carriers intended for immediate delivery, remain in the (2) Archival, library, and collection materials may documentaarchiv. only be loaned if it is ensured and proven that they are effectively protected against loss and (6) Reproductions will be produced by the damage and adequately insured and that the documenta archiv or by a body commissioned purpose cannot be achieved by reproductions by the documenta archiv. Reproductions from or replicas. the library material may be produced by the user themself after consultation with (3) Loans also require the conclusion of a loan documenta archivstaff. contract on the basis of the General Conditions for Loans from the documenta (7) The production and delivery of digital archiv (https://www.documenta-archiv.de/en/ reproductions (purchase of digital copies) by archiv/46/help-with-your-research). the documenta archiv is subject to theGeneral

Terms and Conditions for Digital Copies

(https://www.documenta-archiv.de/en/ § 9 Voucher copy archiv/46/help-with-your-research).

The purchase of digital copies is only for non- commercial purposes and is not accompanied (1) A copy of any work (publication or manuscript) by the granting of rights of use or the that has been produced to a considerable declaration of consent under copyright law or extent using archive and collection material any other intellectual property right. For from the documenta archiv must beprovided certain parts of its holdings, the documenta to the documenta archiv free ofcharge archiv itself possesses the rights of use and and without being asked when the work is consent of the holders of intellectual property published. rights. Against this background, the documenta archiv can check (“legal (2) The same applies to the publication of research”) whether it can obtain rights to a reproductions. particular digital copy in individual cases (“licensing”). Each license is subject to a (3) Provision may be waived in exceptional cases. special written agreement with documenta

and the orderer in accordance with the

General Terms and Conditions for Digital § 10 Liability Copies. Digitalisaten.

(1) The user is liable for any damage caused by

them, in particular in the event of loss § 8 Lending of archival, library, or damage to the archival, library, or and collection materials collection property, in accordance with the

statutory provisions. (1) There is no entitlement to borrow archival, library, or collection materials for use outside (2) The documenta archiv is not liable fordamage the documenta archiv. This may bedonein or loss arising from the use of lockers. justified exceptional cases, especially if the archival, library, and collection material is required for exhibition purposes. Loans may

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(3) The documenta archiv endeavors toprocess archiv/46/help-with-your-research. all user requests to the best of its knowledge and belief. It is not liable for damages (2) In addition to the costs referred to in resulting from incorrect, incomplete, omitted, paragraph 1, the following expenses shall or delayed services. be charged:

(4) The documenta archiv is liable fordamages a. Postal charges, the costs of a shipment arising from injury to life, limb, or health, as (e.g., packaging and insurance), and long- well as for damages resulting from a distance telephone charges). deliberate or grossly negligent breach of duty by the documenta archiv, one of itslegal b. Travel expenses in accordance with the representatives, or one of the documenta travel expense regulations of the State archiv's vicarious agents. Otherwise, in of and other expenses incurred in the case of simple negligence, the documenta the performance of official business archiv is only liable for damages arising from outside the documenta archiv the breach of an essential contractual obligation (i.e. an obligation whose fulfillment c. amounts due to other authorities or other is essential to the proper execution of the persons for their activities. contract and on whose compliance the contractual partner regularly relies and may rely); in this case, however, the documenta § 13 Due date, advances archiv’s liability is limited to compensation for

foreseeable, typically occurring damage. Legal limitations (e.g., diligence exercised in (1) The costs and expenses are due when the own affairs and minor reachb of duty) of the documenta archive becomes active. documenta archiv's liability remain unaffected. (2) The documenta archiv may demandan

appropriate advance on costs and

expenses, and may make its activities Section III dependent on the payment of such Costs of use advances.

§ 11 Costs and expenses

§ 14 Entry into force (1) Visiting and use of the documenta archivis

free of charge; the authorized user will only be These regulations for use shall enter into charged for costs and expenses incurred. force on May 15, 2020.

Kassel, May 1, 2020 § 12 Amount of expenses Martin Groh Acting Director and Science | (1) For the production of reproductions, documenta archiv costs are charged in accordance with the fees

set by the documenta archiv documenta und https://www.documenta-archiv.de/en/ Museum Fridericianum gGmbH

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