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Re: restricted collections - legal question



I would include language that either the restriction on use
ends with the death of the donor or if the donor is reluctant,
perhaps language that grants the archivist or head of the
department the authority to restrict the collection.  The key
is to have something in writing that says exactly WHY the
materials are restricted--does the donor feel they are em-
barassing to the living the family, what exactly is the concern--
and then document it -- perhaps not in the actual deed of
gift but in the accession files/correspondence about the
collection.

I would urge that the right to restrict not be given to another
family member or individual if at all possible.   And with this
restriction--either one--comes an annual responsibility of
keeping track of the donor or their designee in order to be
able to contact them.

Dean

Dean DeBolt
University Librarian
Special Collections and West Florida Archives
John C. Pace Library
University of West Florida
11000 University Parkway
Pensacola, FL  32514-5750
Tele:  850-474-2213;   Fax:  850-474-3338

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