Conditions Of Use For Archival Materials

Individuals or institutions requesting access to the the reproduction of music and archival materials must agree to and observe the following conditions:

  • Any research material requested from the NMM must be used solely for private study, scholarship, research, or educational classroom use only. Copies or scans may not be published, further reproduced in any other format, used for commercial gain, or transferred to any other person or institution, without written permission from the copyright owner(s) and the NMM.
  • The NMM does not currently hold copyright, trademark, or other IP property rights for most of the materials in the NMM’s archives.  Intellectual property rights, including copyright, personal rights, the right to publicity, and right to privacy, may need to be cleared before the NMM can make copies available.
  • The NMM will only reproduce music and archival materials from the NMM’s archives that are 1) no longer covered by U.S. copyright laws, or 2) for which the user has provided the NMM with written permission from the owner of the rights, or 3) are covered by the doctrine of fair use (see Section 107 of the U.S. Copyright Act). 
  • The NMM does not assume any (rather, the researcher assumes all) legal responsibility for any infringement of literary, copyright, or publication rights belonging to the author or composer, heirs, or assigns and does not surrender its own rights to thereafter publish materials or grant others permission to publish it. 
  • A charge will be made for written requests for  the reproduction of music or archival materials to cover retrieval, reproduction, and, when applicable, postage and handling. The NMM reserves the right to limit the number of such requests will be accepted on this basis from any one individual or institution.  Requests should clearly state the title, composer, genre, and for what purpose, specifically, the music is to be used. When performed, the program notes must indicate that the composition(s) is provided courtesy of the National Music Museum, Vermillion, South Dakota. For further information, consult the NMM's Conditions for Access to Digital Images and the Reproduction of Music and Archival Materials.
  • The NMM's archival collections are not available for circulation or Interlibrary Loan. 
  • Requests to make use of staff time to research the NMM’s archives on behalf of a user will be reviewed on a case-by-case basis. The NMM reserves the right to require contractual agreements for compensation of staff time, use of equipment, photocopying, scanning, etc.
  • After observing the copyright restrictions detailed above, short excerpts (up to 50 pages) from printed archival materials may be photocopied or scanned by the staff, at the rates cited on the NMM's fee schedule, if a specific title, volume, year, and page reference is provided. Likewise, short excerpts (up to 30 pages) from materials in the NMM Archives may be scanned. Researchers should print and complete a Request for Copies of Archival Materials (Other than Photographs) Form (PDF file), detailing their request. The NMM does not accept telephone orders for copies of archival materials. After receiving your request, the NMM will contact you about the status of your request and associated fees. 
  • The NMM reserves the right to restrict or deny the photocopying or scanning of rare and fragile materials.
  • Requests for the reproduction of other materials, such as photographs or sound recordings, will be reviewed on a case-by-case basis, generally within the same concept as that for music. For further information, consult Access and Fees for Use of the NMM's Collections and Archives.
  • Citations: Researchers who refer to any materials held in the NMM Archives in a published work of any type must follow the format of the following citation samples and donate one copy of the publication to the NMM Library:
    Sample Citation: The Holton Company Archive, National Music Museum, The University of South Dakota, Vermillion
    Sample Citation: The Cecil B. Leeson Collection and Archive, National Music Museum, The University of South Dakota, Vermillion
  • The NMM reserves the right to refuse to copy materials that might be damaged by the process of photocopying and/or scanning. When copying risks damage to the material, the NMM's primary responsibility is to preserve the material for future generations of users.
  • Pre-payment is required for all orders, once the NMM issues a fee quote/invoice.