Use

The Orff Centre Munich, in agreement with the Carl Orff Foundation, issues the following regulations for use:
     

    1 Scope of application

    1) These regulations apply to the use of the collections and works kept at the Orff Centre. ²Works are, in particular, manuscripts, letters, musical records, books, periodicals, microforms, audiovisual materials and electronic data carriers.

    2) The Orff Centre serves academic purposes, in particular the study of Carl Orff and his work for professional and study purposes.

    3) ¹Persons who use the Orff Centre for one of the purposes mentioned in para. 2 shall be admitted to use it, provided that the interests of the Orff Centre or the Carl Orff Foundation do not conflict with this. There is no legal entitlement to use the centre.

    2 Application for use and admission

    1) 1) Admission for use must be applied for in person at the Orff Centre. ²Each user must sign the visitors' book and identify himself/herself by means of a suitable document, the photo page of which will be copied. Prior to use, the purpose of use must also be made credible and, if applicable, the name and address of the client must be indicated.

    2) ¹Approval shall be granted by the head of the Orff Centre or, in his absence, by a deputy. ²If a user wishes to make extensive use of the Carl Orff Foundation's collection by personally inspecting it, permission must be granted by the Carl Orff Foundation. ³Access to the correspondence of Carl Orff is only permitted with the permission of the Carl Orff Foundation.

    3) Admission may be refused, revoked or made subject to conditions at any time, in particular if

    a) the collection material is less than thirty years old,

        b) there is reason to believe that interests of third parties worthy of protection would be endangered,
        c) the state of preservation of the works would be endangered,
        d) the user does not guarantee compliance with the regulations for use.

    4) The Orff Centre is entitled to carry out checks, in particular to examine objects brought into the premises.

    3 Use

    1) ¹Use shall take place through inspection in the rooms of the Orff Centre or through the provision of information during opening hours. ²As a rule, sources may be consulted in the form of copies, microfilm and microfiche. ³Original documents may only be consulted in exceptional cases and under supervision, and only by appointment. 4When working with originals, the user may only use paper, pencil and notebook; fountain pens, felt-tip pens, fibre-tip pens and other writing materials are prohibited. 5There is no loan service.

    2) 2) Fees are payable for the making of copies. ²The duplication of original documents is only carried out in justified exceptional cases and only by the Orff Centre; there is no entitlement to this. If the reproduction request relates to the collection of the Carl Orff Foundation, the latter's consent must be obtained in advance. Users undertake to use reproductions of original documents only for the agreed purposes and not to pass them on to third parties or make them accessible to third parties.

    4 Duty of care and compensation

    1) ¹The users shall handle the works and collections with care and protect them from damage. ²Damage shall also include entries of any kind such as crossing out and correcting mistakes or folding leaves. Documents are to be left in the order presented, even if inaccuracies should be noticed. 4The Orff Centre will be pleased to receive information on defects and errors in attribution or classification.

    2) 2) On receipt of each work, users must check its condition and report any damage immediately. ²If they fail to do so, it is assumed that they have received the work in undamaged condition.

    3) Users must pay compensation for lost or damaged works, even if they are not at fault. ²The Orff Centre shall determine the type of compensation - insofar as the property of the Carl Orff Foundation is concerned, after consultation with the latter - at its reasonable discretion. In particular, it may demand that users restore the work to its former condition, procure a replacement copy, another work of equal value or a reproduction at their expense, or set an appropriate monetary compensation; it may also seek compensation for any loss in value not compensated for by these measures.

    4) ¹The users undertake to safeguard the rights of third parties that exist in connection with the collection of the Orff Centre and in particular to obtain publication rights. ²They shall be liable for any damages which may arise from the infringement of copyright, personal rights or other rights and undertake to indemnify the Orff Centre against all claims for damages in this respect.

    5 Liability

    The liability of the Orff Centre for claims arising from user relationships is limited to intent and gross negligence.

    6 Publications

    1) In publications based on the Orff Centre's collection, the Orff Centre shall be mentioned in an appropriate place. The same applies to the Carl Orff Foundation in the case of publications based on the collection material of the Carl Orff Foundation. The reproduction of collection material requires a special agreement and may be made dependent on a consideration; the right of reproduction may not be transferred to third parties without the written consent of the Orff Centre.

    2) In the case of publications which have been produced to a considerable extent using original documents of the Orff Centre, a complimentary copy must be given to the Orff Centre.

    Munich, 2001