Pretty sure the federal funds would require that the collection be made publically available, or at least available to other qualified researchers, per 36 CFR 79. I don't think access can be legally restricted in this manner when federal funds are used.
https://www.nps.gov/archeology/tools/36cfr79.htm#7910
-----Original Message-----
From: HISTORICAL ARCHAEOLOGY [mailto:[log in to unmask]] On Behalf Of Mills, Robin
Sent: Monday, August 14, 2017 2:39 PM
To: [log in to unmask]
Subject: Issues of Exclusive Use to Archaeological Data
Friends,
I find myself in a position to allow or grant "exclusive use" to an existing collection in a federally-recognized museum repository. The folks in question were allowed a 5 year period of "exclusive use" which is about to expire. They are requesting another 5 years.
The collection in question was wholly gathered by the researchers making the request, at great expense (federally supported) and effort on their part. The collection derives exclusively from federally managed lands.
I feel they have a right to work exclusively on "their" collection, but for how long?
The SAA website's "Principles of Archaeological Ethics" (Principle No. 5, Intellectual Property), indicates that "If there is a compelling reason, and no legal restrictions or strong countervailing interests, a researcher may have primary access to original materials and documents for a limited and reasonable time, after which these materials and documents must be made available to others."
The SHA's Ethics Principles webpage is silent on this issue.
So, the question is, How long is a "limited and reasonable time"? I seem to remember reading somewhere that someone suggested a timeframe not to exceed
10 years, but I can't find that again.
I'm inclined to grant the additional 5 years (for 10 years total), as the researchers actually are performing analyses and writing, and not just apparently "sitting" on the data.
Your thoughts?
Best,
Robin Mills
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