THE CENTER FOR AMERICAN HISTORY

THE UNIVERSITY OF TEXAS AT AUSTIN

EXPLANATION OF THE DEED OF GIFT

The Deed of gift form is designed to assign legally to The University of Texas at Austin, on behalf of the Center for American History, materials which you as a Donor are conveying to the Center for American History to be administered in accordance with its established policies.  The Deed of Gift form constitutes the transfer of title and serves to define the terms of the transfer.

It is recommended that, whenever possible, the Deed of Gift form be used to documents all in-kind gifts of $250 or more to The University of Texas at Austin, and for in-kind gifts below that amount which include unique archival materials for which copyright conveyance may or may not be involved.

Donation of Gift.  The "Description" portion of this section will be completed by a Center for American History representative.  The Description of the donation will describe the material being transferred and date received on site.

Appraised Value.  The Donor is advised that if a tax deduction on a gift is to be taken, the Internal Revenue Service has regulations for filing tax-deductible contributions valued at $250 or more.  If the value of the donation is greater than $5,000, an independent appraisal is required and the University is required to sign an IRS Form 8283 acknowledging receipt of the gift.  To be acceptable to the IRS, the appraisal must be made no more than 60 days before the date of the contribution and before the due date of the tax return.  The Donor is asked to present the appraisal and completed IRS Form 8283 to the University at the time of the gift.  The Form will be returned to the Donor with proper signature.

Disposition of Materials.  In order to make the most effective use of resources, the Center for American History reserves the right to determine the disposition of donated materials.

Terms and Conditions.    Although most Donors will have no need to limit access to materials which they are donating, the option of placing reasonable restrictions on access to the materials or a portion of the materials is available to a Donor.  Any restrictions on access mutually agreed to will be for a specific period of time and will apply to all researchers.

Copyright Interests.  Because assignment of copyright is often complex, the Center for American History staff is happy to work with the Donor to clarify questions of copyright control.  Copyright in writings and original creations contained in a donated collection is controlled by the individuals or organizations who crated them unless the copyright has been conveyed legally to the Donor or other party.

If you, as Donor, control the copyright in all or some of the materials being donated, please check the first box in this section of the Deed of Gift and explain the extent of you copyright control. 

If you, as Donor, do not control copyright in any of the donated material, please check the second box.

If you have any information about the holder of the copyright, please check the third box and supply as much of the requested information a possible.

Copyright Conveyance.  The Center for American History encouraged Donors to transfer any copyright they may control to the University of Texas at Austin whenever possible.  Copyright ownership by the University of Texas at Austin facilitates use by scholars.  If you wish to do so, please initial the first paragraph in the "Copyright Conveyance" section of the Deed of Gift.

Assignment of copyright may be conditional.  For example, an Donor may which to stipulate "Copyright retained during my lifetime" or something similar in the "Limitations" space provided on the Deed of Gift.

Change in Provisions.  If a Donor feels that any terms in the agreement should be deleted, the Donor is encouraged to discuss the mater with the Center's Director or the Director's designated agent to verify that the desired change in terms is feasible.

Acknowledgement of Receipt of Gift.  This section of the Deed of Gift serves to formally acknowledge the receipt of a donation under the terms mutually agreed to by the Center for American History and the Donor.  The Donor will receive a copy of the Deed of Gift form signed by the Director of the Center for American History.  Formal acceptance of gifts by the Board of Regents of the University of Texas at Austin serves to complete the donation transaction.  The University will also send to the Donor an official receipt for charitable deduction purposes for in-kind gifts valued at $250 or more.

The Center for American History * 1 University Station, #D1100 * Austin, TX  78712