W. Va. Code R. § 82-6-7

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 82-6-7 - Fees
7.1. Library fees.
7.1.a. A fee of fifteen dollars ($15.00) must accompany each and every out-of-state research request. This fee is non-refundable and must be paid in advance. This entitles patrons to one-half hour of staff research time and two dollars and fifty cents ($2.50) in copy work and postage and handling. If additional costs for copies, postage and handling, and/or additional research time are incurred, patrons will be billed.
7.1.b. A fee of five dollars ($5.00) must accompany each and every in-state research request. This fee is non-refundable and must be paid in advance. This entitles patrons to one-half hour of staff research time and two dollars and fifty cents ($2.50) in copy work and postage and handling. If additional costs for copies, postage and handling, and/or additional research time are incurred, patrons will be billed. The fee may be adjusted for West Virginia primary and secondary school students.
7.1.c. If emergency requests can be filled, they will be assessed a ten dollar ($10.00) fee in addition to the applicable minimum research fee, any additional research and copy costs, and postage and handling. If the response is to be transmitted by facsimile or other electronic means, an additional fee shall be assessed. Emergency requests are limited to single specific requests. Such requests may be subject to review and restrictions.
7.1.d. Rush requests will be assessed a twenty-five dollar ($25.00) fee in addition to the applicable minimum research fee, any additional research and copy costs, and postage and handling. If the response is to be transmitted by facsimile or other electronic means, an additional fee shall be assessed. Rush requests are limited to single specific requests. Such requests may be subject to review and restrictions.
7.1.e. Requests requiring excessive staff time will be assessed a fee of twenty dollars ($20.00) per hour for all work exceeding the first half hour, plus all other applicable charges.
7.1.f. The photocopying cost for all 8 1/2" x 11" and 8 1/2" x 14" paper is twenty-five cents ($.25) per sheet. The photocopying cost for 11" x 17" paper is fifty cents ($.50) per sheet.
7.1.g. The microfilm reader/printer copy cost is fifty cents ($.50) per sheet for 8 1/2" x 11" and one dollar ($1.00) per sheet for 11" x 17" when staff is required to make the copies. When patrons make their own copies, using self-service reader/printers, the cost is twenty-five cents ($.25) per sheet for 8 1/2" x 11" and fifty cents ($.50) per sheet for 11" x 17".
7.1.h. The computer printer copy cost is twenty-five cents ($.25) per sheet.
7.1.i. Uncertified Vital Registration birth and death certificates printed by staff are two dollars and fifty cents ($2.50) per copy.
7.1.j. Land grant records are one dollar and fifty cents ($1.50) for the first page and one dollar ($1.00) for each subsequent page of the same grant.
7.1.k. Certification of a copied record, as a true and accurate copy of the said record for historical purposes only, is two dollars and fifty cents ($2.50) for each use of the seal, each page of a document to be certified individually. Only copies made by staff can be certified.
7.1.l. Oversized items that can be copied at the Capitol Complex will be assessed a ten dollar ($10.00) fee, plus the cost of copies, and postage and handling, if applicable. Collections that must be copied off the Capitol Complex will be assessed a twenty dollar ($20.00) fee, plus the cost of copies, and postage and handling, if applicable.
7.1.m. Submission of a claim form for a Union Civil War medal must be accompanied by a fifty dollar ($50.00) non-refundable payment, which includes the verification process, notification of acceptance or rejection, return of documentation, and certified mailing of the medal to successful claimants. Refer to Form #10, WVAH-10, "How to Apply for a Civil War Medal at West Virginia Archives and History," and Form #11, WVAH-11, "Claim Application for Civil War Medals."
7.1.n. Responses to emergency requests and rush requests may be sent via facsimile transmission. A facsimile transmission fee of one dollar ($1.00) per page will be added to the costs of those requests.
7.1.o. Digital files that are transmitted electronically will be assessed a five dollar ($5.00) transmittal fee per file. This fee will be added to the costs of those requests.
7.2. Photograph fees.
7.2.a. The requestor must accept all charges in advance and payment may be required prior to reproduction or use of photographs.
7.2.b. Reproduction fees. Refer to Form #6, WVAH-06, "Photograph Reproduction Fees West Virginia Archives and History."
7.2.c. Use fees. Refer to Form #7, WVAH-07, "Photograph Use Fees West Virginia Archives and History."
7.2.d. Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.
7.3. Audiovisual Archives fees.
7.3.a. The requestor must accept all charges in advance and payment may be required prior to transfer, duplication, or use of moving images, audio or microfilm.
7.3.b. Transfer and duplication fees. Refer to Form #8, WVAH-08, "Audiovisual Archives Transfer & Duplication Fees West Virginia Archives and History."
7.3.c. Use fees. Refer to Form #9, WVAH-09, "Audiovisual Archives Use Fees West Virginia Archives and History."
7.3.d. Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.
7.4. Payment of fees.

Fees may be paid in cash, by check, money order, or credit card. Remittances from outside the United States must be made by credit card, international money order, payable in U.S. dollars, or a check drawn on a U.S. bank.

7.5. Non-Payment of fees.

Non-payment of fees nullifies any additional requests for copies or use of collections until full payment of outstanding obligations has been made.

WVAH-01

Form #1

Library Registration Form

West Virginia Archives and History

Name ________________________________________________

Affiliation______________________________________________

Street Address__________________________________________

City _____________ State _____________ Zip________________

Home Phone _________________ Business Phone_____________

E-Mail Address__________________________________________

DECLARATION:

I acknowledge that I have received, read, understand and will abide by the Archives and History Library rules as listed. I understand that violation of the rules is grounds for revocation of permission to use the library or Archives and History materials.

Signature____________ Date______________

WVAH-02

Form #2

Specialized Collections Use Form

West Virginia Archives and History

Name_________________________________________________

Affiliation_______________________________________________

Street Address__________________________________________

City _____________ State ______________ Zip _______________

Home Phone ______________ Business Phone________________

E-Mail Address ________________________________________________________

Purpose of Research (check all that apply)

_____ 01 State agency operations _____ 02 Legislation

_____ 03 Genealogy _____ 04 Military history

_____ 05 Student paper _____ 06 Graduate thesis

_____ 07 Community history _____ 08 Historic preservation

_____ 09 Archaeology _____ 10 Printed publication

_____ 11 Illustrations _____ 12 Legal proceedings

_____ 13 Property title search _____ 14 Exhibit

_____ 15 Instructional use _____ 16 Audiovisual Archives

_____ 17 Other (please specify):

DECLARATION:

I acknowledge that I have received, read, understand and will abide by the Archives and History Library rules as listed. I understand that violation of the rules is grounds for revocation of permission to use the library or Archives and History materials. For any publication, broadcast, film, exhibition, etc., in which this material is used, I will give credit as follows: "West Virginia State Archives." When a specific collection name is provided by Archives and History, that name will also appear in the credit line.

Signature__________ Date__________

WVAH-03

Form #3

Conditions For the Use of Photographic Copies

West Virginia Archives and History

1. Permission is granted for the use of photograph(s) from the West Virginia State Archives (WVSA) for a non-exclusive, one time, one edition, one language use only. Photographs may not be altered without permission of the WVSA. To make any additional use of the photograph(s) in another format requires the written permission of the WVSA and may be subject to additional fees. Further use of the photograph(s) must be applied for in writing prior to re-publication, re-broadcast, or re-exhibition.

2. Credit must be given as follows: "West Virginia State Archives." When a specific collection name is provided by the WVSA, that name must also appear in the credit line. In printed materials, the credit line will appear on the same or facing page as the photograph(s) or be included within the credit section. In all other formats, the credit line will be included on the film within the credit section. With exhibitions, including those in digital format, the credit line will be displayed within the exhibit area. Exceptions must be requested in advance.

3. A complimentary copy of any published work, videotape, or other final production format must be provided to the WVSA.

4. Copyrighted material will not be copied without the written permission of the copyright holder. Applicants assume all responsibility for questions of copyright and invasion of privacy that may possibly arise in the reproduction and in the use they make of the images reproduced.

5. Others must not be permitted to reproduce the photographic copy or any facsimile of it.

6. Photograph(s) shall not be donated to other archival institutions without the written permission of the WVSA.

7. The WVSA reserves the right to limit the number of photographic copies; to restrict the use or reproduction of rare or valuable material; to make special quotations on material involving unusual difficulty in copying; and to charge a higher copying fee than specified.

8. The applicant must accept all charges in advance and payment may be required before rights will be granted to use any photograph(s).

9. Any exceptions or additions to the above conditions must appear on, and be considered part of, this agreement.

10. Failure to comply with the above conditions may result in prosecution and/or restricted use of the WVSA collections.

WVAH-04

Form #4

Conditions For the Use of Moving Images Footage

West Virginia Archives and History

1. Permission is granted for the use of moving images footage from the West Virginia State Archives (WVSA) for a non-exclusive, one time, one edition, one language use only. Footage may not be altered without permission of the WVSA. The footage will not be used in other media or formats without the written permission of the WVSA and may be subject to additional fees. Further use of the footage must be applied for in writing prior to re-broadcast or re-exhibition. The applicant will not reproduce any still images from the footage for any use.

2. It is the applicant's responsibility to obtain all required releases from persons whose voices or likenesses appear in the footage or from their estates, and from the owners of any music contained in the footage. The applicant shall pay any fees and other payments required in connection with the releases and furnish the WVSA with copies of all such releases.

3. The applicant will indemnify, defend, and hold the WVSA and its officers, directors, agents, employees, representatives, and associates harmless from and against any and all costs, damages, liabilities, and expenses, including reasonable fees arising out of any claim whatsoever regarding use of the footage. At the request of the WVSA, the applicant will agree to defend any such claim at its own expense, which will include the obligations to pay residuals or any other amounts that may be due.

4. Copyrighted material will not be copied without the written permission of the copyright holder. Applicants assume all responsibility for questions of copyright and invasion of privacy that may possibly arise in the reproduction and in the use they make of the images reproduced.

5. Credit must be given as follows: "West Virginia State Archives." When a specific film or collection name is provided by the WVSA, that name must appear in the credit line.

6. A complimentary copy of the final production must be provided to the WVSA within thirty days of completion of project.

7. The applicant may not copy, duplicate, or otherwise use any footage except as provided in the "Intended Use" section of this agreement.

8. Footage shall not be donated to other archival institutions without the written permission of the WVSA.

9. The WVSA is and will remain the owner of the copyright of the footage. The applicant may not assign or sub-license to any third party the rights authorized in this agreement. No waiver of any of the terms of this agreement will be valid without the written permission of the WVSA.

10. The applicant must accept all charges in advance and payment may be required before rights will be granted to use the footage.

11. Any exceptions or additions to the above conditions must appear on, and be considered part of, the licensing agreement.

12. Failure to comply with the above conditions may result in prosecution and/or restricted use of the WVSA collections.

WVAH-05

Form #5

Permission For Use of Photographs and Moving Images

West Virginia Archives and History

Use is: ___ Non-Profit ___ Commercial ___

Intended use of the image(s):

Images will be used for:

___ Printed publication ___ Exhibition ___ Film ___ DVD

___ Video Broadcast ___ CD

___ Private use ___ On-line ___ Other (please specify):_____________

Description & Fee:

Total Due:

Signature below indicates the attached conditions for the use of image(s) have been read, approved, and agreed to:

Signed ____________________ Date _______________

Printed Name ________________ Title _______________

Affiliation ______________________________________

Mailing Address ________________________________

City _____________ State ________Zip Code ___________

Permission for reproduction by:

Fee Paid $ ___________________________

Archives and History

WVAH-06 Form #6

Photograph Reproduction Fees West Virginia Archives and History

Photographic prints

5 x 7

$7.00

8 x 10

$10.00

11 x 14

$20.00

16 x 20

$30.00 (black and white only)

Digital files

File available

$5.00

No file available

$10.00

If additional costs for special services, storage media, postage and handling, and /or additional staff time are incurred, patrons will be billed.

Special orders

Prints larger than 16x20, panoramics, slides, etc., are not reproduced in-house and will be quoted on an individual basis depending on price charged to Archives and History by private vendors.

Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-07

Form #7

Photograph Use Fees

West Virginia Archives and History

Cost per image

Educational and/or non-profit website or exhibit

$5.00

Educational and/or non-profit publication

$15.00

Educational and/or non-profit video, DVD-ROM or similar formats

$25.00

Educational and/or non-profit television broadcast or film, with home video

$35.00

Commercial website or exhibit

$20.00

Commercial publication

$40.00

Commercial video, DVD-ROM or similar formats

$60.00

Commercial television broadcast or film, with home video

$80.00

Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-08

Form #8

Audiovisual Archives Transfer & Duplication Fees

West Virginia Archives and History

Duplication

Cost

Master video tape

$45.00/hour ($45 minimum) BETA

SP stock extra

1/2" VHS tape (includes tape)

$20.00/1st hour +$5.00/each

additional hour ($20 minimum)

Screener video with time code

$30.00/hour ($30.00 minimum)

Audio tape to cassette or similar formats

$15.00/hour ($15.00 minimum)

Audio to CD-ROM or similar formats

$30.00/hour ($30.00 minimum)

Video to DVD or similar formats

$30.00/hour ($30.00 minimum)

Transfer

Cost

Film to video tape or similar formats

$70.00/1st hour (includes tape stock)

+ $25.00/each additional 30 minutes

(does not include tape stock)

($70 minimum)

Analog disc to audio tape, CD-ROM or similar formats

$30.00/hour ($30.00 minimum)

Other Services

Cost

Microfilming documents (paper documents to microfilm)

$1.00 per exposure ($50.00 minimum)

plus the cost of duplication

Microfilming duplication

Non-profit organizations and institutions

16mm

$15.00 per roll

35mm

$30.00 per roll

Individuals and for-profit

16mm

$50.00 per roll

35mm

$100.00 per roll

Note: Every effort is made to turn requests around in two to four weeks. Orders needed in less than two weeks may be negotiated at higher rates.

Reciprocal arrangements are considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

WVAH-09

Form #9

Audiovisual Archives Use Fees

West Virginia Archives and History

Educational and/or non-profit television broadcast or film

Cost per second

Local viewing area or market

$2.00

State viewing area or market

$3.00

National viewing area or market

$8.00

Worldwide viewing area or market

$12.00

Worldwide viewing area or market plus home video and other applications

$15.00

Commercial television broadcast or film

Cost per second

Local viewing area or market

$3.00

State viewing area or market

$5.00

National viewing area or market

$20.00

Worldwide viewing area or market

$25.00

Worldwide viewing area or market plus home video and other applications

$30.00

Home video distribution without broadcast or cable

$20.00

CD-ROM, videodisc, and similar formats, and/or on-line applications

$20.00

without broadcast or cable

Website or exhibit

Cost per second

Educational and/or non-profit

$1.00

Commercial

$5.00

Reciprocal arrangements may be considered for state agencies, organizations, institutions, or individuals who are donors to or supporters of Archives and History.

Other services not addressed in this document will be evaluated and priced on an individual basis.

WVAH-10

Form #10

How To Apply For a Civil War Medal

at West Virginia Archives and History

Many heirs of West Virginia Union veterans of the Civil War may be eligible to claim medals struck to honor their ancestors years ago. Most of the medals were claimed by the veterans themselves, their immediate families, or their descendants, but several thousand medals remain unclaimed. A list of the unclaimed medals is available at Archives and History and on its website.

To claim an ancestor's medal, a claimant must submit his or her line of descent from the veteran along with documentation to support this line of descent. To establish line of descent, claimants must include copies of primary sources, including birth, death, marriage, will, deed, military, census, Bible records, etc. Old letters, diaries, marriage announcements, or obituaries may also prove helpful in supporting a descendant's claim. Please note that a family chart submitted without primary source documentation is not sufficient.

The claimant who establishes the most direct relationship to the veteran will be awarded the ancestor's medal six months from the date the fully documented claim is received by Archives and History. The purpose of the six-month waiting period is to allow for sufficient verification of the descendant's claim and for submission of counterclaim(s) by other potential descendant(s). In the case of equal claims, the descendant whose claim was received first will be awarded the medal.

To submit a claim for a remaining medal, please submit the application form with appropriate documentation and a fifty dollar ($50.00) non-refundable fee to:

Archives and History

The CultureCenter

1900 Kanawha Boulevard E.

Charleston, WV25305-0300

Medal claims may only be submitted by mail or hand-delivered in person. None will be accepted via e-mail or fax.

WVAH-11

Form #11

Claim Application For Civil War Medals

(West VirginiaUnion Regiments Only)

Submission of a claim for a Union Civil War medal must be accompanied by a fifty dollar ($50.00) non-refundable payment, which includes the verification process, notification of acceptance or rejection, return of documentation, and certified mailing of the medal to successful claimants. Make checks payable to "Archives and History".

Applications should be returned to: Archives and History; The Culture Center; 1900 Kanawha Boulevard E., Charleston, WV 25305-0300.

Name of Veteran: _____________________________________

Veteran's Service Unit: Company Regiment ___________________

Names and Address of Claimant: ____________________________

Claimant's Relationship to Veteran: ____________________________

Please list the documents which you have included for verification of your line of descent:

Briefly outline your line of descent from the veteran:

Claimant's signature: _______________ Date: _______

FOR USE OF ARCHIVES & HISTORY STAFF. PLEASE DO NOT WRITE IN THIS AREA.

Date Received: _____________ Additional documentation needed? _______

If additional documentation needed, date received: ____________

Verified: ______________ By: ___________________ Date Due: __________

Medal claims may only be submitted by mail. None will be accepted via e-mail or fax.

W. Va. Code R. § 82-6-7