Information for Donors

Special Collections and Archives staff can not provide tax or legal advice or monetary appraisals.

I. Copyright

Copyright protects published and unpublished literary, scientific, and artistic works fixed in a tangible or material form. Copyright laws grant to the creator the exclusive right to reproduce, distribute, perform, and display the work publicly and to create derivative works. Copyright belongs to the creator, or his or her heirs; however, it may be legally transferred. Although retaining copyright permits individuals to maintain control or receive benefits from a work, Special Collections and Archives requests that donors consider transferring copyright to the Duke Library. If copyright is transferred, students and researchers can more easily obtain permission to use quotations from these donations. The transfer of copyright applies only to those materials created by the donor, not materials created by another party.

II. Donation Information

Deed of Gift of Personal Papers - immediate transfer of copyright

Deed of Gift of Personal Papers - delayed transfer of copyright

The Society of American Archivists provides the following guides:

Deeds of Gift: What Donors Should Know

Guide to Donating Your Personal or Family Papers to a Repository

III. Appraisals for Tax Purposes

Donors may be entitled to take an income tax deduction by claiming their gift as a charitable donation. It is our understanding that to claim a deduction for a gift valued in excess of $500, a donor must file an IRS Form 8283 ( http://www.irs.gov/pub/irs-pdf/f8283.pdf ). In addition, the Form 8283 dictates the time frame within which a formal appraisal must be performed, among other requirements ( see instructions to Form 8283 http://www.irs.gov/pub/irs-pdf/i8283.pdf ). Any gift valued over $5,000 requires a formal appraisal, performed no more that sixty days before the date of the gift.