94-073 C.M.R. ch. 506, § 3 - ACCESS TO MUSEUM COLLECTIONS

Current through 2022-14, April 6, 2022

A. General Principles Governing Access
1. Access to Museum collections for reference and study purposes shall be determined by the Director, or his designee, in accordance with the conditions specified in this rule and shall not be unreasonably denied.
2. Access to collections may be supervised, limited, controlled or denied by the Director, or his designee, if such activities would not be in the public interest. In responding to a request for access, the Director shall consider the following:
a. Whether there is a potential for deterioration, mutilation, loss or dislocation of Museum collection items;
b. Whether access and required supervision would interfere with the administrative, professional, or technical operations of the Museum;
c. Whether access would result in undue interference with services to other Museum users; and
d. Whether the extension of a privilege of access would extend a unique benefit to an individual which is not available to the public at large or to other persons in a similar classification.
B. Limitations on Access
1. Access to collections, insofar as possible, will take place outside storage areas. When necessary, access in the storage areas may be granted, but to no more than two individuals at one time. Staff supervision is required by the member of the staff having responsibility for the collections to which access is requested, or as may be designated by the Director.
2. Members of the general public will not be granted unsupervised access to collections without the written approval of the Director. In general, the Director will only approve such unsupervised access In the case of volunteers or project staff persons, upon recommendation of the relevant staff member.
3. Access privileges may be limited by the availability of Museum staff to provide adequate supervision.
4. Consistent with the Museum's responsibility for preservation and safeguarding of the collections, the Director may deny access to collections which are likely to suffer damage from movement, handling, or other circumstances related to public examination.
5. The use of specific types of measuring devices (such as padded calipers, fabric measuring tapes, etc.) may be required, as well as other necessary means of protecting the items.
6. No three-dimensional mold forming techniques may be used in collecting information from items in the collection, except as may be specifically authorized by the Director.
7. The Director may deny access to items In the collection if such access would violate the terms of a restricted gift or loan, applicable rights-of-privacy laws, a specific agreement between the Maine State Museum Commission and a third party, or the terms of this rule.
8. No exclusive rights of access will be given. Access granted to an individual does not abridge the rights of others to similar access for the same or different purposes.
9. The ultimate responsibility for investigation of copyright or other legal limitations on use of Museum collections rests with the applicant.
10. To assist a future researcher, and reduce the need to rehandle artifacts, the Museum Director may require that the applicant provide copies of measurements, drawings, or other relevant materials or a copy of any material written and/or published as a result of access to Museum collections. Such data would be a part of the collections records and governed by the provisions of this rule.
11. Access to Maine State Museum collections does not imply any agreement between the researcher and the Maine State Museum. Staff efforts to facilitate access to Museum collections do not constitute approval of any work objectives, agreement with any research conclusions, acceptance of the accuracy or quality of the researcher's work, or any abridgment of access rights of others to the same materials.
12. The creation and sale of reproductions of Museum collections shall be governed by the provisions of Chapter 502 of the rules of the Museum.
13. Volunteers and students associated either directly or peripherally with the Museum wishing access to the Museum collections for personal purposes must comply with all requirements of this rule. Access way be arranged to take place at times not concurrent with their volunteer or student duties at the Maine State Museum.
C. Archaeological Artifacts and Related Data

Access to archaeological artifacts, sites and related data will be covered by this rule and by 27 M.R.S.A. §377 and rules issued pursuant to its authority. In the event of a conflict, the provisions of 27 M.R.S.A. Sec. § 377 and the joint rule of the Museum and the Maine Historic Preservation Commission shall govern.

D. Procedures
1. Requests for access to collections items for research or other purposes must be submitted to the Director or his designee by means of a form designated by the Director.
2. Requests must be specific in nature as to collections needed, the nature of information sought. and the intended use or purpose.


94-073 C.M.R. ch. 506, § 3

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