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Archives Policy
of Mittweida University of Applied Sciences (FH)
dated 9 November 1994
Pursuant to Section 14 of the Archives Act for the Free State of Saxony of 17 May 1993 and Section 125, 128 of the Higher Education Act of the Free State of Saxony of 4 August 1993, the Senate of Mittweida University of Applied Sciences (FH) hereby issues the following Archival Regulations:
Ā§ 1 Legal Status
1. The University Archives is a central academic institution at Mittweida University of Applied Sciences (FH).
2. The University Archives is responsible for the acquisition and preservation of documents of archival value and the collections of all departments of the University.
Ā§ 2 Management
The University Archives are managed by a Head.
The Head represents the University in all matters relating to the Archives; he is responsible for the administration of the Archives, its operational and academic tasks, the deployment of staff and the use of financial resources.
Ā§ 3 Definition
1. Archival records comprise all documents of archival value generated by the universityās organisational units, or by natural or legal persons governed by public law associated with the university.
Archival material also includes documentation collected by the archive to supplement the written records, as well as finding aids designed to facilitate access.
2. Archival records comprise, in particular, deeds, registers, files, individual documents, maps, plans, images, film and sound material, as well as machine-readable data carriers, including the software necessary for their analysis.
3. All documents are worthy of archiving if they are of lasting value for academic work, serve to safeguard the legal interests of natural persons, or are of particular significance for legislation, administration or the administration of justice.
4. Archiving comprises the recording, acquisition, safekeeping and preservation, cataloguing and making available of archival material.
Ā§ 4 Tasks of the University Archives
1. The Archive is responsible for archiving the archival records of the University and its legal predecessors in accordance with its remit.
In addition, the Archives may, on the basis of agreements, testamentary dispositions and other arrangements, acquire archival records (estates) from private individuals.
The Archives may also accept records from societies, associations, foundations and organisations affiliated with the University, provided that the bodies responsible for managing those records do not stipulate otherwise.
The Archives organises, catalogues, stores and catalogues the collections it has acquired in accordance with the principles of archival science and makes them accessible for academic research and for evaluation in the public interest.
2. The Archiveās responsibilities also include publishing the results of its work in the form of collection overviews and inventory lists, publishing its own research findings, and contributing to exhibitions and public relations activities relating to the universityās history.
3. As long as the university does not employ a curator to look after the collections, the Archive ensures the recording and preparation of the universityās exhibition collection.
4. As part of its preparatory work, the Archive supports the organisational units in the management of their documentary records.
5. The Archive supports the education of students by providing guidance on coursework and similar tasks.
Ā§ 5 Offer and Acceptance
1. All organisational units of the university are obliged to weed out official records that are no longer required for the fulfilment of their duties and to offer them to the university archive for transfer. Unless otherwise agreed, this should generally take place no later than 15 years after the documents were created. The obligation to offer documents for transfer also extends to materials subject to specific legal provisions. Excluded from this are the provisions concerning the deletion and destruction of data and materials that have been collected or processed unlawfully.
2. The Archives, in consultation with the organisational units, shall decide on the archival value of the documents offered and whether to accept them, following an examination of the documents offered.
3. The Universityās organisational units may only destroy records or delete data if the archive has refused to accept them or has not decided on the archival value of the offered materials within two months. The offering of records of no particular value may be waived in consultation with the archive. Documents that have been weeded out and which the Archive does not accept must be destroyed within the organisational units, provided there is no reasonable grounds to believe that this would prejudice the legitimate interests of third parties. The destruction of records without the Archiveās consent is prohibited.
4. The University Archives may accept documents as interim archive material even before the retention periods have expired. The documents are held on behalf of the transferring departments or their legal successors. The transferring organisational units remain responsible for the documents and decide on their use by third parties. The Archives monitors the retention periods and is responsible for the most urgent technical and organisational measures.
Ā§ 6 Management and safeguarding of the archive
1. The University Archives has the right of disposal over the archival material. It is obliged to process the archival material and ensure its proper use.
2. The archive is authorised to destroy documents that are not worthy of archiving. Records to be retained permanently must be effectively protected against damage, unauthorised use, destruction and loss.
3. The archive holdings form part of the cultural heritage of the university and, consequently, of the Free State of Saxony, and are therefore inalienable.
Ā§ 7 Use of Archival Material
The decision regarding access to the records generally rests with the archive. The specific conditions of access are governed by a set of access regulations.
Ā§ 8 Final provisions
1. These Archival Regulations are binding on all organisational units of Mittweida University of Applied Sciences (FH).
2. Any amendments to the Archival Regulations require the approval of the Senate of Mittweida University of Applied Sciences (FH) before they come into force.
Ā§ 9 Entry into force
The Archives Regulations of Mittweida University of Applied Sciences (FH) shall enter into force by resolution of the Senate with effect from 9 November 1994.
Terms of Use for the University Archives
of Mittweida University of Applied Sciences (FH)
dated 9 November 1994
Ā§ 1
1. Any person who can demonstrate a legitimate interest is entitled to use the archive material of Mittweida University of Applied Sciences, provided that this does not conflict with retention periods, legal provisions or agreements with bodies and individuals who have deposited the archive material.
2. Access may be restricted or refused if:
a) there is reason to believe that the welfare of the Federal Republic of Germany, one of its federal states or the University would be jeopardised;
b) there is reason to believe that the legitimate interests of the persons concerned or third parties would be compromised;
c) reasons relating to the protection of confidential information so require;
d) the condition of the archive material precludes such access;
e) this would entail an unreasonable administrative burden;
f) agreements with former or current owners preclude it.
3. With the exception of documents which were intended for publication or were accessible to the public at the time of their creation, the archive material shall remain restricted from general use for a period of thirty years, calculated from the date of creation, in accordance with the Federal and State Archives Act. Documents protected under data protection legislation are only made available for use 60 years after their creation.
4. Archival material relating to natural persons shall be released for use 10 years after the death of the person concerned, in accordance with Section 10 of the Archives Act for the Free State of Saxony. If the date of death cannot be established, the restriction period shall end 100 years after the personās birth.
5. Any change to the retention periods requires the consent of the transferring bodies and the approval of the Rector of the university.
6. A reduction in the retention periods is permissible provided that no legal provisions stipulate otherwise and the legitimate interests of third parties are not affected. Reductions in retention periods for documents relating to natural persons are only permissible if the data subject has given their written consent, or if access is necessary for a scientific research project or to satisfy a legitimate interest of another person or body, provided that the legitimate interests of the data subject and third parties are safeguarded. Where it is in the public interest, the retention periods may be extended by a maximum of 20 years.
7. The retention periods set out in paragraphs 3 and 4 do not apply to the organisational units of the university where the material was created and which have transferred the material to the archive.
8. The user is obliged to provide the archive with a specimen copy, free of charge, of any works they have produced using archive material. Without the userās consent, unpublished works may only be used by staff of the university archive for the purpose of cataloguing archive material; no other persons may be granted access to unpublished written works.
Ā§ 2
1. A user permit is required to use the Universityās archive material; this is granted by the Head of the Archive upon written application for the relevant calendar year.
2. The application for a user permit must include:
- Surname and first name,
- date and place of birth,
- occupation/role,
- nationality,
- residential address,
- Identity card number,
- Client,
- Purpose of use,
- Subject.
3. Each authorisation to use the facilities is valid only for the person named therein and for a specific work-related topic. If the topic is expanded or changed during the course of use, a new application must be submitted.
4. The authorisation to use the resources does not entitle the holder to:
- the presentation and inspection of finding aids,
- the provision of archive material at a time specified by the user,
- the provision of original archive material, if the research objective can be achieved by examining existing editions, reproductions and microfilms.
Ā§ 3
1. All documents made available (archival, collection and library materials) must be handled with care by the user.
Alterations to the order of the materials, as well as labelling, removal, adding text, underlining, crossing out, erasing, cutting out, tracing or any other activities that affect their condition are prohibited.
2. Users must enter their name and the date on the user sheet provided in each archive item.
3. Upon completion of their work, all documents must be returned to the User Services desk in good condition.
4. The documents issued to the user may be reclaimed by the User Services at any time.
Ā§ 4
1. In justified exceptional cases, archival material may be loaned to other archives for the purpose of use. The borrower is liable for any loss or damage to the loaned material.
2. If reproductions of the requested archival records are available, only these ā and not the originals ā may be loaned out.
3. The borrower must pay all costs incurred, e.g. postage or insurance charges.
Ā§ 5
1. The user is entitled to make records from the archive material provided to them. The use of an electronic typewriter or a computer may be authorised by the Head upon written application.
2. The Head or a person authorised by him is entitled to inspect the records made by the user.
Ā§ 6
1. Permission to produce reproductions of any kind is granted by the Head. The University Archives is responsible for carrying out such work orders.
2. In exceptional cases, the user may, upon application, be permitted to produce reproductions using their own technical equipment or at a location designated by the University Archives. The Archives is entitled to have this work supervised by one of its staff members.
3. All costs incurred by the University Archives shall be borne by the user.
Ā§ 7
1. The publication of archival materials requires a written application to the University Archives and the approval of the Head. The same applies to the reproduction and distribution of reproductions of archival materials.
2. The user must comply with all copyright and property rights provisions.
3. Archival materials must be cited in accordance with the University Archivesā regulations.
4. If the archive materials used have contributed to the creation of an academic or journalistic work, the user is obliged to provide the University Archives with a specimen copy free of charge.
Ā§ 8
1. The provisions of these regulations shall apply mutatis mutandis to the provision of written information.
2. Written information shall primarily serve the purpose of informing the requester about the availability of sources and the usability of the collections; it is not intended to replace direct access to the materials.
Ā§ 9
All services provided by the University Archives (access, provision of information, reprographic work, etc.) must be paid for by the user in accordance with the schedule of fees.
Ā§ 10
An appeal against decisions made in accordance with these Terms of Use may be lodged with the Rector of the University within four weeks. The appeal shall not have suspensive effect.
Ā§ 11
The Mittweida University of Applied Sciences Terms of Use shall enter into force by resolution of the Senate with effect from 9 November 1994.
Extract from the Regulations on University Fees and Charges
Section 10: Reduction and Waiver of Fees for Services Provided by the University Library and the University Archives
(1) Museums, archives, libraries or similar institutions may be granted a reduction in or exemption from fees or charges for services provided by the University Library and the University Archives, provided that the exemption is based on reciprocity.
(2) The fees set out in sections 7.3, 8.1 and 8.2 of the schedule of charges shall not be levied if the provision of information or the use of the archive
1. is for academic, local history or charitable purposes,
2. in matters relating to pension entitlements,
3. by way of administrative assistance, or
4. for private research into archive material
relating to the user themselves. For genealogical research and services provided as part of alumni relations, the fees set out in sections 8.1 and 8.2 of the Schedule of Fees may be reduced or waived if the research findings are made publicly available and no commercial purposes are pursued.
(3) Fees or charges for rights of use (item 8.5 of the Schedule of Fees) may be reduced or waived if the rights of use are granted for academic or local history purposes or in the interests of Mittweida University of Applied Sciences and are not associated with commercial purposes.
Schedule of Fees
| No. | Item | EUR |
|---|---|---|
| 4 | Administrative procedures | |
| 4.1 | General administrative acts | |
| 4.1.1 | Official Certifications | 5.00 |
| 4.1.2 | Copies | |
| 4.1.2.1 | Printing and photocopying services provided by HSMW from a clean original, per page | |
| black and white up to DIN A4 | 0.25 | |
| 4.1.2.2 | Copies made by the user, per page | |
| black and white up to DIN A4 | 0.04 | |
| colour up to DIN A4 | 0.06 | |
| 8 | Archive | |
| 8.1 | Verbal or written information going beyond details regarding the nature, scope and usability of the archive material, per quarter of an hour or part thereof | 5.00 |
| 8.2 | Use of archive material within the archive | |
| 8.2.1 | for non-commercial purposes | |
| on the first day of use | 5.00 | |
| for each additional day of use | 2.50 | |
| 8.2.2 | for commercial purposes | twice the fee specified in 8.2.1 |
| 8.3 | Interlibrary loan per archival item | 10.00 |
| 8.4 | Photographic and reprographic work | |
| 8.4.1 | Basic fee per order | 2.50 |
| 8.4.2 | Black-and-white reproductions on standard paper per page | |
| from loose, flat-lying originals or from library materials | Fee 4.1.2 | |
| from bound or non-flat originals up to DIN A3 | 1.00 | |
| 8.4.3 | Colour reproductions on standard paper per page | |
| 8.4.3.1 | from loose, flat originals | |
| up to DIN A4 | 1.00 | |
| DIN A3 | 2.00 | |
| 8.4.3.2 | from firmly bound or non-flat originals | |
| up to DIN A4 | 2.00 | |
| DIN A3 | 4.00 | |
| 8.4.3.3 | Copies from library holdings | |
| up to DIN A4 | 0.75 | |
| DIN A3 | 1.50 | |
| 8.4.4 | Scanning per page | |
| 8.4.4.1 | of loose, flat documents up to DIN A3 | 0.25 |
| 8.4.4.2 | from bound or non-flat originals up to DIN A3 size | 1.00 |
| 8.4.6 | Enlargements of existing roll films using a reader-printer | 0.15 |
| 8.4.7 | Colour slides, unframed, from flat originals, 24 x 36 mm format | 1.50 |
| 8.4.8 | Surcharges for special services and increased workload, per individual case and per quarter of an hour or part thereof | 5.00 |
| 8.6 | Data provision | |
| per CD or DVD | 2.00 | |
| per USB stick | 3.50 |