General Conditions of Use for the National Archives of the Richard Wagner Foundation Bayreuth and the Richard Wagner Museum

§ 1 Designated Purpose

The designated purpose of the National Archives of the Richard Wagner Foundation, Bayreuth is
1. to collect and preserve documents, in written and image formats, as well as publications and objects pertaining to the life, works and posthumous reception of Richard Wagner and the history of the Bayreuth Festival;
2. to use these in exhibitions at the Richard Wagner Museum;
3. to make them available for academic and journalistic research and publications as well as educational purposes.

§ 2 Opening hours

(1) The Archives can be accessed during the following opening hours : Mon. – Thu.: 8.30 am – 12.30 pm and 2 pm – 4.30 pm, Friday: 8.30 am – 1 pm .
(2) Use of the Archives is subject to a written application pursuant to § 5 and prior agreement on the period of use. Use of the Archives without registration, application and permission is not possible.

§ 3 Authorized users

(1) A user relationship under private law is established between the authorised users and the Archives of the Richard Wagner Foundation Bayreuth.

(2) Persons over 16 years of age who can provide proof of an educational, publishing or scientific research purpose are entitled to use the Archives.

(3) If the Archives are used on behalf of a legal entity or for a dissertation or admission thesis, confirmation from the client or the lecturer assigning the thesis must be provided.

(4) There is no legal entitlement to use the Archives and the libraries or for the presentation of certain archival records and publications. This applies especially where publications are already available in public libraries or commercially.

§ 4 Proof of identity/Personal data

Persons who are unknown to the Archive/Museum staff must present an official proof of identity document before using the Archives. They agree to the collection and storage of their personal data.

§ 5 Applications and orders

(1)Applications to use the Archives must be made in writing, using an application form. Orders for images may also only be made in writing. Forms and further information can be found online at https://www.wagnermuseum.de/nationalarchiv/archivbenutzung/.

(2) The application /order must contain as detailed a description of the objective, topic and material of the project as possible. Generalised applications to view entire archive categories, as well as similarly generalised or convoluted applications are not possible.

(3) By signing the application for use and/or an order form for reproductions, the signatory/client confirms that he/she has read and understood the regulations on use and charges and accepts their conditions.

§ 6 Permission for use

(1) Permission for use will be granted in writing by the application for use being signed by the head of the Archives or their authorised representative. It may be made subject to additional conditions.

(2) Permission for use is valid only for the purpose and period stated in the application. It becomes invalid should the conditions subsequently cease to apply. If knowledge gained from the archival records is to be used for subjects or purposes other than those stated in the application for use, a new application is required.

§ 7 Provision of archive material, books and other documents

(1) Archive material is provided in accordance with § 1, clause 3. There is no entitlement to provision. The provision of archive material may be refused especially:
a) to safeguard copyright and privacy rights,
b) if archive material has already been printed, published and is publicly available
c) where the Archives are bound by appropriate contractual regulations,
d) for conservation reasons.

(2) The Archives’ location tools are not freely available to users. Inspection must be restricted to the materials specified in the application for use

(3) In all other respects, the provisions of the Bavarian Archives Act (BayArchivG) shall apply.

§ 8 Usage

(1) The archival records will be presented exclusively in the rooms designated for the use of the archives. Only in exceptional, justified cases may inspection of archival records, image collections, libraries and card indexes be permitted at the location.

(2) The archival materials shall be returned if the workplace is left for longer than half a day before the end of the period of use.

(3) If archival documents are presented in bundles, the user is obliged to return them in the same condition and, in particular, in the same order of documents as when they were received.

(4) Coats, jackets, and folders must be placed in the wardrobe lockers provided for this purpose before entering the study room.

§ 9 Violations of the Conditions of Use

(1) Concealment of the actual or unauthorised extension of the approved purpose of use, intentional or negligent damage to or mixing up of archival materials, as well as violations of the conditions of use, especially unauthorised, arbitrary reproductions of archival materials, the removal or attempted removal of archival materials, other collection materials, archival aids, books, etc. shall result in temporary or permanent exclusion from the use of the archives.

(2) Violation of the conditions of use or contractual agreements shall furthermore lead to an increase in the fees owed:
a) 100 % in the case of missing or incorrect proof of origin according to § 15 (obligation to indicate source).
b) 500 % in the event of misuse of or exceeding the permits issued.

(3) Archive users are obliged to take the greatest possible care when handling archival records and books. They are liable for damage to the archival materials through alteration, soiling and vandalism as well as loss. Damage to media also includes entries of any kind, such as strikeouts and correction of errors, as well as folding of pages, plates and maps.

(4) Damage or loss must be reported immediately.

(5) The Archives management shall determine the type and amount of compensation at its due discretion. It is prohibited to repair damage oneself or to have it repaired. The Archives may demand the procurement of a replacement copy of equal value or charge to the user the costs for the replacement of the original, a copy by reprint or costs in the amount of the assessed value.

§ 10 Assistance by Archives Staff

(1) The Archives staff shall only assist in research by identifying and presenting archival records, literature or image material.

(2) Written information shall be limited to notifications of Archives holdings.

(3) Further information is at the discretion of the Archives staff and is subject to charges in accordance with the applicable schedule of fees.

§ 11 Reproductions of archival records

(1) Reproductions of archival records are subject to approval and payment. Unless otherwise agreed, they shall be made after approval by the Archives.

(2) Unauthorised reproductions (photos, photocopies) of archival records by users are prohibited. In case of infringement, the provisions according to § 9 shall apply.

(3) In the case of poor conservation condition, no photocopies may be made, and other reproduction techniques must be used as far as possible. The decision regarding this is incumbent on the Archives management.
(4) In all other respects, the provisions of § 53 UrhG (Copyright Act) shall apply, in particular the prohibition of distribution or public reproduction.

§ 12 Image Reproductions

(1) Image reproductions of archival materials or collection items shall be made in the name and for the account of the client. The costs shall be determined by the schedule of fees and shall be payable in advance against invoice, in exceptional cases and at the discretion of the Archive management also after delivery. In accordance with the order, delivery is usually made either as a high-resolution image file or as a PDF.

(2) Image reproductions intended for publication are generally produced by Archives staff or by photographers contracted by the Richard Wagner Foundation. Exceptions are only permitted against a special fee. In this case, a high-resolution image file must be made available to the Archives free of charge within four weeks of production, together with the transfer of all rights, in particular the exclusive right of use.

(3) In the museum, photography, with the exception of photographs taken by visitors for exclusively private use and excluding the types of use permitted under copyright law (reproduction, dissemination, publication, etc.), is subject to authorisation and payment.

§ 13 Publishing of Photographs

(1) The permission to publish is associated with the transfer and transmission of image files of archival materials or collection items or the granting of a photography permit (usually for the museum). The permission is only valid for a single publication and is limited to the print or film product specified in the image order or in the application for use (simple right of use).

(2) The permission to publish does not, however, extend to copyright claims of third parties, insofar as such claims exist and/or are asserted. In the event of publication of image reproductions of archival materials or collection items from its holdings, the Archives/Museum shall be exempted from any such claims. The client/applicant is therefore responsible for observing and, if necessary, clarifying copyright regulations.

(3) The fees for the administration, provision and use of image reproductions shall be governed by the applicable schedule of fees. They shall include compensation for the use of image reproductions of archival records or collection items or a provision fee for storage, maintenance and administration of the Archives as well as the service provided by the Archives, but not compensation for copyright remuneration claims pursuant to UrhG (Copyright Law) in the sense of a licence.

(4) The image information stored in the file, in particular the image reference including URL, may neither be manipulated nor removed. In the event of infringement, a surcharge shall be levied in accordance with § 9 para. 2a.

§ 14 Text publications

For all text publications, the provisions of copyright and personal protection law must be observed and, if necessary, clarified by the user.

§ 15 References

In the case of publications of image reproductions and archival materials or parts thereof, the “National Archives of the Richard Wagner Foundation Bayreuth” must be cited as the source.

§ 16 Specimen copies

(1) A specimen copy of every publication based on the use of the archives or used in the image reproduction of archival material shall be submitted unsolicited after publication. This applies in particular to dissertations and admission theses.

(2) A DVD copy shall be sent to the Archives of films that have been shot in whole or in substantial part in the Museum or Archives.

(3) The Richard Wagner Museum or the National Archives of the Richard Wagner Foundation Bayreuth shall be named in an appropriate form (e.g. closing credits).

§ 17 Borrowing of archival materials

(1) As a rule, archival materials and printed matter are not lent out (reference collections). Exceptions are only possible in the case of printed matter and only if the request is made by locally resident natural persons or legal entities with whom a special relationship of trust exists.

(2) In the case of print products where several copies are available, it is possible to send them via the interlibrary loan service of the Bayreuth University Library.

(3) The loan period should not exceed four weeks. It may be extended upon written request.

§ 18 Fees

The use of the Archives, the work and time expended by the staff in connection therewith or in answering written enquiries, as well as the delivery of image reproductions, is subject to a fee. The fees are set out in a schedule of fees, which can be accessed at https://www.wagnermuseum.de/nationalarchiv/archivbenutzung/entgeltordnung/.

§ 19 Liability

(1) As a matter of principle, the use of the Archives is at the own risk of the authorised users, who must exercise due care and follow the instructions of Archives staff.

(2) The Archives shall only be liable for damage resulting from the use of the facilities if it is guilty of intent or gross negligence. This shall not apply to damage to life, limb or health, in which case the statutory provisions shall apply.

(3) The Archives shall not be liable for damage caused by borrowed media to equipment or other objects of the authorised users or of third parties.

(4) No liability shall be assumed for personal injury or damage to property caused to authorised users by third parties in the course of using the Archives. The exclusion of liability also includes lost objects belonging to authorised users, damage caused by improper use of the media, the condition of the media, errors in borrowing or in providing information.

(5) The Archives assumes no liability for errors or defects in technical equipment installed in the Archives and serviced by outside companies.

§ 20 Data protection

(1) The National Archives of the Richard Wagner Foundation collects, processes and stores personal data, partly in electronic form, to the extent necessary to provide its services. The legal provisions of the Federal Data Protection Act and the Bavarian Data Protection Act shall be observed.

(2) The Archives may transmit personal data to third parties in electronic form within the scope of commissioned data processing for the provision of its services.

(3) For the application for formal admission to use as well as when updating a user account, the following data shall be collected and stored (user master data):

1. Name
2. Date of birth
3. Gender
4. Details of the identity document: type of document and expiry date
5. Postal address
6. Telephone number (optional)
7. e-mail address (voluntary information).

(4) In addition to the data mentioned under para. 3, the Archives collects and stores the following data for a user application:

1. Occupation of the user
2. Subject of the work or objective of the use of the Archives
3. Purpose of use
4. Intended type of evaluation
5. Archival items provided.

(5) Authorised users may consent to their name, address and intended use being communicated to other persons with similar intended uses. Authorised users will not suffer any disadvantages during use if this consent is not granted.

§ 21 Entry into force

The Regulations for Use shall enter into force upon their approval by the Board of the Richard Wagner Foundation.
Approved by the board of the Richard Wagner Foundation Bayreuth on 02.06.2022.

National Archives of the Richard Wagner Foundation Bayreuth

– Archive Management –