Contact: Anna Chodorska – Commercial Affairs Specialist
e-mail: anna.chodorska@mnwr.pl
tel. +48 71 372 51 50 in. 273
Link to the application ➸
The principles of access to photographic images of artifacts (public sector information)
Terms and conditions of access to public sector information held by the National Museum in Wrocław in cases of re-use
§ 1
Legal basis
1. The principles and the mode of access and transfer of public sector information for the purpose of re-use was defined in the Act of 25 February 2016 on the re-use of public sector information (Dz.U. 2016 poz. 352 amended, further referred to as the Act).
2. Public sector information consists in all types of data created and held by public sector entities, such as visual records of museum exhibits, information for identification purposes contained in inventories and data files, descriptions, information and press releases on the subject of museum exhibits and their collections.
§ 2
Mode of access
The Museum provides access to items of public sector information in its possession for the purpose of re-use:
1) on the basis of an application for accessing and/or sharing public sector information for the purpose of its re-use,
2) by publishing public sector information in the BIP or on the Museum website.
§ 3
Restrictions
Application to access and/or share public sector information for the purpose of its re-use is a common right. However, the right to re-use is subject to limitations as to the scope and the basis as defined by the Act, with regard to the protection granted by the copyright and related rights, and in particular when these rights involve a third party other than the Museum, or when the original holder/s of the copyrights and other related rights was party/partties other than the Museum, and these rights have not expired.
§ 4
Application
1. An application made to the Museum should include:
a) name and surname or the name of the institution/company, etc. and the address for correspondence to deliver the answer to (e.g. postal address, e-mail address),
b) name of the author, title and/or inventory number of an item (of public sector information), subject of the application,
c) description of the purpose of re-use indicating whether its scope is commercial, non-commercial related to research, academic work or educational activity, or other non-commercial purposes,
d) description of the type of activity for which the public sector information will be re-used, and in particular indicating assets, products or services involved,
e) in the case of the information already made available or shared – indicating terms and conditions of its re-use and the source/s of access or share,
f) indication of the form of preparation of public sector information, and in the case of electronic form also the data format,
g) indication of the way of transferring public sector information,
h) in the case of an application, as described in Art. 21, ust. 2 of the Act – the period during which the information will be re-used in a permanent and direct way in real time.
2. The application form is included in Appendix 1 to the Rules. In the case of formal shortcomings in the presented application, the Museum will request from the applicant their correction within the period of at least 7 days, under pain of nullity of the application.
3. A completed application in paper form should be sent by post to the following address: Muzeum Narodowe we Wrocławiu, pl. Powstańców Warszawy 5, 50-153 Wrocław, delivered in person to the above address, or sent by e-mail to: sekretariat@mnwr.pl.
§ 5
Time and way of processing an application
1. An application will be processed not later than 14 days from the date of its submission. In cases when it is not possible to process an application during that time it is possible to extend the deadline up to 2 months after notifying the applicant about the reasons for delay.
2. Following the processing of an application, the Museum:
a) transfers public sector information for the purpose of re-use or grants permission for re-use of the public sector information already held by the applicant, without defining the terms and conditions of its reproduction;
b) makes an offer to the applicant, stipulating terms and conditions of re-use, including the possible charges for accessing and reproducing the item of public information sector;
c) makes a decision refusing the access or consent for re-use of the public sector information.
3. On receipt of the Museum’s offer, an applicant is entitled during the period of the following 14 days to complain about the infringement of the Act or to inform the Museum about the acceptance of the offer. Lack of notification about the acceptance of the offer during the 14 days from its receipt will be treated as a withdrawal of the application.
4. In the case of acceptance of the offer by the applicant, the Museum and the applicant will sign a contract based on the conditions stipulated in the accepted offer.
5. In the case of complaint on the part of the applicant, the Museum’s Director will make a final decision determining terms and conditions of re-use or the amount of charges levied.
6. Public sector information is made available in the form and format stipulated in the application, in the resolution appropriate for the purpose of re-use of this information as defined in the application.
7. The Museum reserves the right to refuse access to public sector information for the purpose of re-use in cases when its preparation will demand undertaking disproportionate actions, exceeding the scope of ordinary procedures.
§ 6
Charges
1. Access to or sharing public sector information for re-use for non-commercial purposes of research, academic or educational nature, will be free of charge, as stipulated by the Act.
2. When the preparation or transfer of information requested in an application for re-use requires incurring additional costs (i.e. it is a non-typical application), the Museum may levy charges corresponding to the additional cost. A non-typical application may request access to information in a non-standard format, very high quality or resolution, or applications enlisting a large number of records (exhibits).
3. The assessment of the level of charges mentioned in point 2 involves the following factors which may impact especially on the cost or time of necessary preparation or transfer of information: cost of data transfer media, cost of postage, estimated cost of labour required from Museum employee/s, cost of transferring data into the form indicated in an application or the indicated format of data.
4. Due to availing access or transferring public sector information for re-use for purposes other than indicated in point 1, the Museum sets charges related to the cost of collecting, producing, reproducing and distribution of images, as well as protection and provision of regulations. The level of charges should not exceed the following rates for access:
1) using tele-information system – 118 zł for a single access
2) as digital copy (reproduction) – 172 zł for a single scan or a digital photograph recorded on digital media
3) as photograph:
a) per piece in a format not exceeding 50 × 60 cm – 168 zł
b) per 1 m2 in a format exceeding the above – 513 zł
4) in paper form:
a) per copied page or colour printout
– format A4 – 33 zł
– format A3 – 61 zł
b) per copied page or printout in black and white
– format A4 – 25 zł
– format A3 – 45 zł
5) as digital recording of sound or image on digital media – 63 zł for each commenced hour of recording
6) in any other way or form than listed in the above points 1–5 – 86 zł for each commenced hour of work on the part of the relevant Museum employee.
5. In justifiable cases the Museum may consent to free-of-charge access and use of information also for purposes other than those non-commercial of research, academic or educational nature, as well as reduce the charges listed above (3).
§ 7
Terms and conditions of re-usef
of information available in the BIP and on the Museum website
1. In relation to the information accessed in the BIP and on the Museum webpages, the following conditions for re-use are stipulated:
a) information has to include the notification about its source of access using the full name of the Museum,
b) the date of generating or accessing information has to be listed;
c) if the content of the accessed information is to be modified, a note has to be included about any such alterations made in the process of its re-using;
d) if the content of the accessed information or its fragment is to be used as part of another work, it should be marked in this text as a quotation with a footnote informing about its source;
e) mention that the Museum is not responsible for further processing, sharing and use of the information.
2. During re-use of any work subject to copyright or other related rights, all the rights including the copyright and related personal rights of the involved parties have to be respected, including the provision of information about the surname, name or nickname of the author or the performing artist should it be known, and preserve the integrity of the work of art or the subject of related rights.
§ 8
Legal provisions
1. In the matters not regulated by the Act, a decision to refuse consent for the re-use of public sector information or regarding terms and conditions of re-use and/or charges related to re-use, is based on the regulations contained in the Act dated 14 June 1960 regarding administrative procedures – Kodeks postępowania administracyjnego (Dz. U. z 2016 r. poz. 23, with later amendments).
2. Complaints addressed within administrative procedures regarding re-use of images are made based on the regulations contained in the Act dated 30 August 2002, the law on administrative court procedures – Prawo o postępowaniu przed sądami administracyjnymi (Dz. U. z 2012 r. poz. 270, with later amendments) providing that:
a) the documents and the answer to the complaint are delivered within 15 days from the receipt of the complaint;
b) a complaint is considered within 30 days from the receipt of the documents and the answer to the complaint.