n.a limitation placed on access to or use of archival resources that has been stipulated by the donorCochran et al. 1951, 236In certain cases the responsibility is to some extent taken out of his hands by the fact that institutions must from time to time accept papers under donor restrictions. While there is a general feeling, in which this committee joins, that this is undesirable and should be avoided
whenever possible, it is occasionally inevitable if papers are to be preserved at all. Such donor restrictions most often take the form of the requirement that names of applicants for permission to use manuscripts must be submitted to the donor (and sometimes, after his death, to his heirs) for decision. While this occasionally results in inequities, the situation can usually be guided by the archivist who is in a position to supply the donor with pertinent information and to recommend a course of action.Blouin 1978, 41Often the essence of some principles contradicts the essence of others, forcing the archivist to render judgments and decisions which strike an appropriate balance. The balance is based on specific institutional requirements and needs. For example, consider decisions which must balance the need for preservation yet satisfy requests for use of materials, or which must balance donor restrictions with researcher access.Geselbracht 1986, 149In carrying out his reforms, Buck looked first to the origin of almost all restrictions on access—the donor. It was important, he felt, to persuade donors against imposing what he called “hampering restrictions,” and he looked forward to the reduction of the number of donor restrictions in force.Wilsted 1993, 303. Archivists should discourage unjustified donor restrictions on collections. However, when restrictions have been agreed upon, it is the archivist’s responsibility to apply those restrictions fairly and completely.Behrnd-Klodt 2008, 41The archivist also needs to know about any problems with past transfers that may affect the transfer of copyright and intellectual property rights and any donor restrictions that may cloud or otherwise affect the archives’ title to the records.
