70-832 BOT 10-19-16 Intellectual Property, Copyright, and Traditional Knowledge (Policy) Intellectual Property refers to products of human intelligence that are unique and have potential commercial value. Types of intellectual property the Archives and Tribal Repository may have in its collections include but not limited to geospatial data, images, manuscripts, maps, drawings, multimedia works, publications, objects in the collection, and objects or specimen data. Traditional Knowledge refers to the knowledge, skills, and practices that are sustained and passed on from generation to generation within a community. Traditional knowledge can be found in a wide variety of contexts; agricultural, scientific, technical, ecological, and medicinal knowledge are examples. Traditional Knowledge has some protections in the National Historic Preservation Act (16 U.S.C. 470), the Native American Arts and Crafts Act (25 U.S.C. 305), and NAGPRA (25 U.S.C. 3001(1)-(13)). Types of traditional knowledge found in the collections include artifacts, art, audiovisual materials, sacred sites mapping, personal family information, and ethnobotanical materials. Oglala Lakota College is committed to respecting and adhering to intellectual property laws, including copyright, fair use, and the protections defined in the Visual Arts Rights Act of 1990 and the Works for Hire federal copyright law. The OLC Archives and Tribal Repository may restrict the collections with respect to intellectual property and traditional knowledge. Photographic and Audiovisual Material The Oglala Lakota College Archives and Tribal Repository retains all reproduction rights for its photographic images, film, video, and audio recordings unless they are in the public domain. Access and copy or publication fees may be granted for commercial and non-commercial and promotional purposes. Researchers of collections, objects and artifacts must acknowledge or give credit in most if not all cases to the Oglala Lakota College Archives and Tribal Repository and appropriate Tribal Agency or program for providing information or collection access. The Archivist may deny access to collections and collection documentation created as a result of research conducted by staff and non-staff working with the collections if access would disrupt or compromise ongoing research. Digital Reproduction This policy is intended to define the copyright of digital files created at Oglala Lakota College, whether it is original material, e.g. Geospatial Information System (GIS) files, or reproduction of existing inventory, e.g. scans of photographs, audio files. * All digital files are the property of the Oglala Lakota College Archives and Tribal Repository. * Commercial use of files may be permitted and may be associated with use fees and publishing fees. * Non-commercial use of files is for private or educational purposes only. File users in violation of this agreement will be prosecuted to the fullest extent of the law. Collection Fees and Services Collection fees are set by the Archivist and are collected for the following: photocopies, microform copies, research services, electronic document delivery, photographic services, and publication of materials in any format. The Fee Schedule outlines costs for services requested. Prepayment for service and publication fees is required from all patrons, except students and employees of OLC, and Oglala Sioux Tribal Members, who are not typically required to pay fees. However, extensive requests will be charged of all those completing a Request for Services Form.
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