Tending the Commons: Folklife and Landscape in Southern West Virginia

Rights and Reproductions

The Library of Congress is not aware of any U.S. copyright protection (see Title 17, U.S.C.) or any other restrictions in the material in this collection, except as noted below. Users should keep in mind that the Library of Congress is providing access to these materials strictly for educational and research purposes. The written permission of the copyright owners and/or other holders of rights (such as publicity and/or privacy rights) is required for distribution, reproduction, or other use of protected items beyond that allowed by fair use or other statutory exemptions.

Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item. See our Legal Notices and Privacy and Publicity Rights for additional information and restrictions.

The special character of collections that result from ethnographic field research is outlined in What is an Ethnographic Field Collection? The American Folklife Center and the professional fieldworkers who carry out these projects feel a strong ethical responsibility to the people they have visited and who have consented to have their lives documented for the historical record. The Center asks that researchers approach the materials in this collection with respect for the culture and sensibilities of the people whose lives, ideas, and creativity are documented here. Researchers are also reminded that privacy and publicity rights may pertain to certain uses of this material.

As is often the case with materials collected in the course of ethnographic field research, however, it is difficult or impossible to sufficiently identify specific songs sung by participants, which precludes performing a comprehensive assessment of the copyright status of underlying musical rights in lyrics or compositions. Research performed by the staff of the American Folklife Center in anticipation of the release of this collection in American Memory indicates that the underlying musical works appear to be in the public domain. As with all materials provided by American Memory, users are reminded that they must make their own assessment of copyrights or other rights (or absence of such rights) in the context of their intended use.

The staff of the American Folklife Center encourages the public to contact the Center regarding the materials in this collection at:

EMAIL: folklife@loc.gov

Library of Congress
American Folklife Center
101 Independence Avenue, SE
Washington, D.C. 20540-4610

Credit Line: Tending the Commons: Folklife and Landscape in Southern West Virginia. American Folklife Center, Library of Congress.

The following materials are included in this online collection with permission. Please contact the American Folklife Center for additional information where contact information is not provided:

The article "Patterns of Forest Health: A Report on Citizen Monitoring in the Eastern Mountains 1994-1997" has been reproduced with the permission of the Lucy Braun Association

The short satire of the Broad Form Deed is used with the permission of the writer, Bob Henry Baber.

The Sierra Club granted permission to use the illustration of the seasonal round, which was originally created by graphic artist Tom Suzuki and accompanied the essay "'Weathering the Storm': Cultural Survival in an Appalachian Valley" in the publication An Appalachian Tragedy: Air Pollution and Tree Death in the Eastern Forests of North America.

Photographs in this presentation produced by Jenny Hager of Alpine Images, Laura Forman of the Ohio Valley Environmental Coalition, Woody Boggs, and Rick Bradford have been used here with their permission. Copy photographs of numerous historical still photographs owned by Woody Boggs and Rick Bradford were made and are reproduced here with permission of the owners.

"A Brief Introduction to Hazy" is used with the permission of Richard Bradford.

The map of the "Neighborhood of Shumate's Branch" is used with the permission of Charles Bradford.

The "Map Showing the Fourteen Coalfields of West Virginia" is used with the permission of Marshall University, Geography Department.

How to Order Reproductions

It is usually possible to order copies of unpublished field recordings from the Archive of Folk Culture collections. In most cases, permissions are not required if you are ordering copies of recordings for private or research purposes, unless the performer was a commercial artist during his or her lifetime. If the recordings are to be used for profit or non-profit publication, (i.e., film, radio or television broadcast, CD, or CD-ROM), then you must obtain written permission or document your good-faith attempts to do so.

The Library does not retain rights regarding the use of recordings in its collections; all such performance rights remain with the performers or their estates. Upon receiving your request, Archive reference staff will consult our files to see whether we have records of previous attempts to contact those performers or their estates. We recommend that you send a certified, return-receipt-requested letter to the address that you find or which we supply. If the letter is returned unopened, please forward it (still unopened) to us as proof of your good-faith effort to contact the appropriate persons. Please keep track of all contact attempts that you make. That information kept in our files will constitute documentation of your efforts.

Individuals and companies who wish to publish Archive recordings are advised to send a letter indicating their intention to set aside an appropriate amount, comparable to fees paid to license other such recordings, to cover costs if an appropriate claimant steps forward at a later date. This letter will document the individual's or company's good-faith attempt to honor performance rights.

After contacting the American Folklife Center Reference Committee to identify specific selections to be duplicated, audio requestors will be referred to the Public Services Office of the Motion Picture, Broadcasting and Recorded Sound Division. The Public Services Office serves as the business arm of the MBRS Magnetic Recording Laboratory, and, in addition to other outreach services, operates a fee-for-service operation for the duplication of audio and moving-image materials.

Ordering Procedure

If you wish to obtain copies of material from the Archive of Folk Culture collections: Please include your street address, daytime telephone number, and fax number. Indicate the format on which you would like your copies made (e.g., audio cassette, CD, open reel) as well as a statement about how the copies will be used.

Submit your written request to the Reference Committee of the American Folklife Center at the following address:

American Folklife Center
c/o Reference Committee
Library of Congress
101 Independence Avenue, S.E.
Washington, D.C. 20540-4610
email address: folklife@loc.gov

American Folklife Center Reference Committee staff will then advise you of any rights restrictions requiring written permission before the audio duplication can proceed.

Upon settling permissions issues, your request will be forwarded to the Recording Lab’s Public Services Office, which will mail or fax you an ORDER FOR PHONODUPLICATION SERVICES form listing your order and the cost. Prepayment is required based on the cost estimate. The customer is liable for additional charges should any be incurred.

Complete the Order Form and return it along with your payment by check made out to Library of Congress, MBRS Division, or a money order in U.S. dollars. Rush requests should be sent via FedEx, DHL, UPS, or other courier.

Library of Congress
Motion Picture, Broadcasting, and Recorded Sound Division
Public Services Office
101 Independence Avenue, SE
Washington, D.C. 20540-4690

(Note: International orders require prepayment by check drawn on a U.S. bank or international money order in U.S. dollars.)

The turn-around time for standard service is typically four-to-six weeks. Rush service guarantees that your order will be completed within seven working days. The turn-around time for either service begins when payment has been received. Shipping costs must be paid by the customer. (If you have a FedEx, DHL, UPS, or other courier account, you may include your account number on the Order Form and waive the shipping charge noted in the cost estimate.)

If you have any questions specifically regarding costs and ordering procedures, please contact the Public Services Office at (202) 707-5623 or fax (202) 707-2371.

All audio copies are made in the Library's Recording Laboratory. Hourly rates, effective April 1, 2002, are as follows.

Audio Transfer Rates
Standard Duplication Rate $109.00/hr
Rush Duplication Rate $218.00/hr
Minimum Charge: 30 minutes (with 15-minute increments thereafter) $54.50
Simultaneous Cassette Dubs $8/hr (plus tape stock)
Stock Charges
10-inch open reel $17.00
7-inch open reel $5.50
R-DAT Cassette (120 minutes) $5.50
R-DAT Cassette (60 minutes) $4.50
R-DAT Cassette (30 minutes) $4.00
C-90 Cassette $1.50
C-60 Cassette $1.00
C-30 Cassette $1.00
3/4" Digital (75 minutes) $36.00
3/4" Digital (60 minutes) $25.00
CD Recordable $1.50
Magnetic Optical Disk (2 hours @24 bits) $88.00

Ordinarily, 10 78-rpm sides or one LP can be copied in an hour. Special recording services are arranged through the Public Services Office.

Contact the American Folklife Center for moving-image transfer rates.