1. General Clause
1.1. All materials available on this platform are original contributions to the National Memory Project. Duplication of digital materials online is inevitable as long as this platform shall not download and reupload the materials from various online repositories.
1.2. This platform mostly consists of sources, objects, and materials found in the Historical Data Bank, special collections, archives, and museums of the National Historical Commission of the Philippines (NHCP), thus called the NHCP Collection.
1.3. The NHCP consent is limited to being the owner of the material but subject to the applicable provisions of Republic Act No. 8293 (Intellectual Property Code).
1.4. Anyone can contribute their digitized rare materials to this platform, with proper acknowledgment accorded per item. An undertaking shall be made to formalize the contribution of non-NHCP materials in this platform.
. . . . .
2. NHCP Open Access (Level 1) assets consist of
2.1. Items from the NHCP Collection or contributed materials classified as public domain;
2.2. Items commissioned and/or fully owned by the NHCP;
2.3. NHCP publications whose authors have relinquished their copyright to the agency and/or considered public domain;
2.4. Government publications such as speeches and souvenir programs digitized from the NHCP Collection;
2.5. Contributed rare materials may be classified Level 1 provided a written conforme or the like is executed. Although contributors may opt to:
2.5.1. Decrease the resolution of the digital material when downloaded.
2.5.2. Turn off the download feature (or classify the material as “View Only” or Level 2);
2.6. Copyrighted items whose authors/copyright holders signified interest to be made available via this platform through written documentation (e.g., contract, MOA);
2.7. Items designated as Creative Commons Zero (CC0), which means people may use these in any way for free, without any attribution or permission to the NHCP, except for non-NHCP-owned ones which still need the owners’ permission; and
2.8. Items marked “no known copyright restriction.” However, these remain presumed by the NHCP, despite its earnest best to determine their copyright status. Thus, restrictions may still exist, and the clearing of all rights is imperative.
. . . . .
3. View Only (Level 2) assets comprise of
3.1. Non-government-produced ephemeral materials without copyright otherwise declared as public domain;
3.3. Special materials of the NHCP or contributors;
3.4. Items whose download features are disabled and marked as “usage conditions apply;”
3.5. Copyrighted items whose authors/copyright holders signified interest to be made available via this platform through written documentation (e.g., contract, MOA), provided download features are disabled; and
3.6. Materials are covered by the fair use principle stipulated in the Intellectual Property Code of the Philippines, otherwise contact the respective owners for permission (e.g., reproduction, repurposing).
. . . . .
4. Limited Access (Level 3) assets are
4.1. NHCP publications still in the bookstore, otherwise reclassified;
4.2. Materials with limited accessibility determined by their owners and contributors (e.g., few pages, low resolution); and
4.3. Materials accessible only to the members of the NHCP community and/or within the NHCP premises (e.g., main library, museums, offices) and other designated NHCP Spaces (through log-in).
. . . . .
5. Exclusive Access (Level 4) assets can be
5.1. Copyrighted material found in the NHCP Collection and/or contributed to the platform;
5.2. Rare and special materials collected by the NHCP physically or digitally but with restriction per contract and agreement of the NHCP with the owner;
5.3. NHCP publications whose copyrights remain active and/or whose authors and heirs did not sign an open-access conforme or the like will be classified as restricted from public access (under Level 4);
5.4. Access to the materials classified under this level shall be exclusive to the members of the NHCP community and/or within the NHCP premises (e.g., main library, museums, offices) and other designated NHCP Spaces only; and
5.5. Reports, surveys, proposals, and unpublished works prepared and submitted as requisites for particular NHCP guidelines and policies, otherwise determined for public access.
