Regulations for the Archives and Library
The Archive and Library of the Francke Foundations looks back on a history spanning over 300 years. The theologian and educator August Hermann Francke (1663-1727) founded the collections with the goal to render the resources available to the public and thereby promote education and scholarship. The library holdings are mainly stored in the library building, which was built in 1726-28 and is considered to be the earliest preserved profane library building in Germany. In the immediately adjacent premises the archival documents found their place. True to the tradition established by August Hermann Francke, the Francke Foundations promote tuition and scholarship by allowing the interested public not only a tour of the historic Library Hall but also the scholarly utilisation of the centuries-old, valuable holdings. In order to comply with the instruction to preserve the resources and ensure a regulated use, the Director of the Francke Foundations, in accordance with the Statute of the Francke Foundations of 21 March 2003, in particular § 2, para. 2 and § 3 para. 2, enacted the following Regulations of the Library and its Users of the Archive and the Library at the August Hermann Francke Study Centre on 1 October 2008. These Regulations supplement the corresponding regulations for the use of the facilities of the Study Centre.
§ 1 Responsible body and duties
1. The Library and Archive of the August Hermann Francke Study Centre are institutions of the Francke Foundations in Halle. Its holdings serve scholarly, educational, official, local history and genealogical as well as journalistic purposes.
2. The Library and Archive fulfill their duties by means of
- Preserving and securing their holdings,
- Complementing and enhancing their holdings,
- Cataloguing their holdings and making them available to the user,
- Producing, enabling and mediating reproductions from their own works,
- Providing information on their holdings and means of information,
- Seeing its own publications through the press,
- Practicing public relations and dispersing information to the public.
3. Use of the archive and library material is carried out by means of personal inspection in the Study Centre’s Reading Room, by oral and written requests, and by requiring reproductions.
§ 2 Relationship between the Library and its Users
1. These user regulations regulate the public law relationship between the institution and the users. Private law arrangements can be adopted with regard to specific forms of utilisation.
2. The holdings can be utilised by any natural or legal person capable of demonstrating a legitimate, particularly scholarly, professional, or public service interest, as far as legal provisions do not preclude it, and he or she ensures compliance with these Regulations for the Library and its Users.
3. The permission for utilisation is to be requested in writing on a specific form. Forwarding an official identification document (ID card or passport) will ascertain the personal details. The purpose and subject matter of utilisation are to be indicated on the form. The permission for utilisation is valid only for the purpose and subject matter specified, and only for the current calendar year. A signature on the application form obliges users to comply with the Regulations for the Library and its Users. At the same time, they acknowledge the legal provisions regarding data protection and the recognition of copyright. Signing implies that they agree with the electronic storage of their user data in the index of users.
§ 3 Opening hours
The opening hours of the Reading Room and Catalogue Room will be announced on the Notice Board and in other suitable forms of publication (e.g., newsletters and website).
§ 4 Orders and use of materials
1. Archive and library materials can basically only be used in the Reading Room and during the valid opening hours. In individual cases the head of the Study Centre may allow exceptions. Research tools may not be removed from the Catalogue Room.
2. Use of the Archive and Library is free of charge.
3. Prior to utilisation users report to the Reading Room information desk and once a day enter their name in the user book available in the Reading Room.
4. Users determine the books and archival items they wish to consult with the help of search tools and order them by means of the available loan slips.
5. Books from the Handbook Holdings can be used without a loan slip.
6. There is no claim possible for the submission of original works.
7. Books and archival records will in general be kept available for one week.
8. The number of simultaneously forwarded archival and printed works can be limited due to operational or conservational reasons.
9. Archival and library materials must be returned in the case of prolonged absence and ten minutes before the Reading Room closes.
10. Users can receive advice from qualified personnel on weekdays between 8:00 and 16:00. Advice extends mainly to references regarding relevant archival and library materials and to the handling of relevant search tools.
11. Matters of concern of users to the head or employees of the Study Centre will be forwarded by the staff members at the information desk in the Reading Room.
12. If users wish to designate other individuals to assist or represent them in their work, these individuals also need to request permission for utilisation, as specified in § 2 no. 3 of these Regulations.
§ 5 Restrictions of use and blocking of holdings
1. Utilisation of archival and library materials may be limited and holdings can be blocked
- For the sake of preserving copyright and personal rights,
- If required by the preservation or state of order of the materials,
- In special cases, such as holdings with which the Study Centre itself is bound by certain rules,
- If the research can be carried out by applying already printed or filmed materials,
- In the case of holdings, which the Study Centre itself plans to publish.
2. In principle, the use of archival documents is only possible 30 years after the dossier has been closed; in the case of personal records 30 years after the demise, or 110 years after the birth of the person concerned. Determining information on life spans is the user’s responsibility. Exceptions require the special permission from the head of the Study Centre.
3. The applicants are obliged to observe the personal rights and copyrights when using findings from the archival and library materials, honour the legitimate interests of third parties and, in the case of violations, exempt the Francke Foundations from all liabilities.
§ 6 General obligations and liabilities of the user
1. The users are obliged to behave themselves in such a way as to not affect others in their legitimate interests, to safeguard security and order, and not to impede the Archive and Library operations. They are obliged to comply with the provisions of these Regulations and with the instructions of the Foundations’ staff.
2. The highest degree of tranquillity must prevail in the facilities provided for utilising the collections. Communication by means of mobile phones is prohibited.
3. Beverages and edibles may not be taken in the facilities provided. Eating and drinking is only allowed in the cafeteria. In all buildings of the Francke Foundations smoking is strictly forbidden.
4. Coats and other outdoor clothes, umbrellas, briefcases, backpacks, laptop bags and similar containers are to be stored in lockers before entering the facilities to study the collections.
5. All books, journals and other items users carry with them must be shown to the supervisors of the Reading Room upon entering and departing. The supervisory staff is authorised to inspect the content of handbags and other containers and to request the presentation of an official document.
6. The utilisation of archival materials and rare books is permitted only in the Reading Room.
7. Users must handle archival and library material with great care protecting it from any damage. Reading manuscripts and rare books is permitted only when wearing gloves. Using ball pens and fountain pens is generally undesirable and, in individual cases, may be prohibited by the staff. When studying relics, manuscripts, incunabula and rare books users are only allowed to work with pencil. Not permitted are: writing in or marking, correcting errors, bending and breaking pages, the forcible bending of books, the tracing or rubbings of graphs or other illustrations and plans, as well as the use of chemical fluids. All loose documents contained in the files must be returned in exactly the same order as handed out.
Existing damage to archival and library materials as well as suspected errors and losses are to be reported to the supervisory staff immediately.
The users are liable for any damage or loss of material during use, i.e., between the release and the return of archival or library materials.
8. The use of technical equipment, such as laptops or notebooks, is generally permitted. In individual cases the head of the Study Centre may prohibit their use or limit it to a few special work places.
9. Lost and found objects in the library or removed from the lockers in the case they have not been timely emptied will be treated in accordance with § 978 of the Civil Code (Bürgerliches Gesetzbuch). In case the keys of the lockers have been lost, the users bear the liability.
10. The head of the Study Centre exercises House Rules; he or she may entrust employees of the Study Centre to enforce the House Rules.
§ 7 Exclusion from use
Whenever users seriously or repeatedly violate the provisions of the Regulations of the Library and its Users, or if the continuation of a relationship of usage has become unreasonable due to the occurrence of special circumstances, the head of the Study Centre may temporarily or permanently exclude users partially or completely from using the Archive or the Library. All duties resulting from the relationship between the Library and its Users remain in existence after the exclusion.
§ 8 Liability of the Francke Foundations
1. The Francke Foundations are not liable for the loss of or damage to items brought into the Study Centre. As to items missing from the existing lockers, the Francke Foundations in individual cases shall only be liable if the damage occurred despite proper application. A precondition is that the user notifies the Francke Foundations on the same day. The liability does not apply to money, valuables, and to any loss or damage inflicted due to the unauthorised intervention by third parties or by improper use of the lockers. The Francke Foundations do not assume liability for items users left unattended in the Reading Room.
2. The Francke Foundations are not liable for damage inflicted by incorrect, incomplete, omitted or delayed services. The same applies to damage brought about by the use of discs, databases or electronic networks.
§ 9 Using online databases and the Internet
1. The Library and Archive provide the users with access to electronic publications and databases of the Intranet as well as with access to the Internet.
2. This offer serves scholarly, educational, official, local history and genealogical as well as journalistic purposes, excluding entertainment-related purposes. Acccessing entertaining, offending and illegal Internet addresses will be considered an abuse of these free search facilities. The relevant provisions of copyright law, data protection and youth protection law must be observed.
3. Apart from unlawful usage conduct can also be described as abusive when reflecting the following, non-exhaustive circumstances:
- Unauthorised access to data and programmes,
- Destruction of data and programmes,
- Network disabilities.
4. Any abuse of the facilities offered will be met by means of exclusion from use and by holding the user liable for culpably caused damage.
§ 10 Access to the storage rooms
In principle, users are not permitted to enter the storage rooms and book depots.
§ 11 Reproductions
1. Users may not independently copy books older than 100 years. A coin photocopier is available for other books, to be used in compliance with data protection and copyright laws.
2. Archival material may never be copied. The head of the Study Centre must approve of exceptions.
3. Users are not permitted to make photographs, film and sound recordings or scans of archival and library materials. In exceptional cases, consent from the head of the Study Centre is required.
4. Users may apply for reproductions of archival and library material on a written form (Photo Order), as far as this is not impeded by § 5, para. 1 and 2 of these Regulations. The number of reproductions may be limited for reasons of conservation. The users themselves are responsible for the compliance with copyright and personal rights when using these reproductions
5. The recorded material as ordered is produced for the buyer’s personal use. Any other usage, especially further reproduction, duplication and/or dissemination to third parties is permitted only with the consent of the head of the Study Centre.
6. Users who place an order bear the costs of the reproduction. The amount of the costs follows the Regulation of Fees (Gebührenordnung), which will be published on the notice board. Users must pay the costs upon delivery of the reproductions. Complaints are only possible within four weeks after receiving the material and require the submission of the items rejected as defective.
7. Any reproduction for commercial purposes requires a separate approval and agreement.
§ 12 Publications
1. The authorisation for using archival and library materials or for permission to make copies and photographs does not include the permission to publish texts in their entirety or in part. Publishing always requires the explicit consent of the head of the Study Centre. This approval must be obtained separately by means of a request for permission to publish. Such permission counts for publications in all media, including electronic media and data networks.
2. By granting permission to publish a text the Francke Foundations do not renounce their right to publish this material themselves or to authorise other persons or institutions to publish it. The Study Centre accepts no responsibility as to the violation of copyrights or copyright approval requirements, also under the consideration of personal rights of publicity. Users must acquiere such rights from the proprietors.
3. The users are obliged to unsolicitedly submit to the Study Centre a free of charge copy of all publications in which materials from the Archive and Library holdings have been utilised. This also applies to examination papers, master's theses and dissertations.
4. Archival and Library materials applied in the publication or illustration must be quoted in the manner prescribed by the Study Centre.
§ 13 Borrowing
1. The Archive and Library of the August Hermann Francke Study Centre are reference institutions. Borrowing holdings is therefore in principle not possible.
2. In exceptional cases, books not older than 100 years (with the exception of reference works, editions, journals and microfiche collections) may be borrowed overnight or during the weekend (a short loan runs from 17:30 to 10:00 the next opening day). The decision is the sole responsibility of staff members. Borrowing archive material is not possible.
3. A loan of library material to other libraries and institutions (giving an interlibrary loan is provided) is possible whenever requirements arising there can not be fulfilled otherwise.
The relevant Interlibrary Loan Regulations (Leihverkehrsordnung, LVO) and the Regulation of Fees (Gebührenordnung) of the Federal State of Saxony-Anhalt for libraries are binding.
4. A separate lending contract is required in the case of a loan of Library and Archive materials for exhibition purposes.
§ 14 Guided tours
Special tours of the Library and the Archive require an advance notification.
§15 Supplement to the Regulations of the Library and its Users
The head of the Study Centre is authorised to issue amendments and regulatory statutes upon these regulations.
§ 16 Entry into effect
These regulations enter into effect on 1 October 2008.
The Regulations of the Library and its Users will be announced by means of a display in the facilities for using the collections of the August Hermann Francke Study Centre. At the users’ request a copy of these regulations will be handed out free of charge.
Halle, 1 September 2008
Prof. Dr. Thomas Müller-Bahlke
Director of the Francke Foundations