The Catholic University of America

University Archivist

Federal Laws

Native American Graves Protection and Repatriation Act of 1990 (NAGPRA)

25 U.S.C. § 3001 et seq.; 43 CFR Part 10; 60 Fed. Reg. 62133, Dec. 4, 1995.

This law requires museums, which includes any institution of higher learning that receives federal funds, to identify by inventory by November 16, 1995, any holdings or collections of Native American human remains and associated funerary objects, and to the extent possible, identify the geographical and cultural affiliation of such items. If the cultural affiliation can be identified, the museum must notify the affected Indian tribe or Native Hawaiian organization. In addition, the museum must summarize any unassociated funerary objects, sacred objects, and cultural patrimony by November 16, 1993. Provisions are also included for the return to the tribe or known lineal descendant of the remains and associated funerary objects. A museum that fails to comply with the above is subject to a penalty to be assessed by the Secretary of the Interior.

The University Archivist is responsible for for identifying any subject items and notifying the affected tribe.

General Revision of the Copyright Law (1976) and Judicial Improvement Act of 1990

17 U.S.C. § 101 et seq.; 37 C.F.R. § 201.1 et seq., 48 C.F.R. § 52.227-2

The copyright law gives copyright owners the sole right to reproduce all or part of the work, distribute copies, prepare new (derivative) versions of the work, and perform and display the work publicly. Copyright protection governs "original works of authorship fixed in any tangible medium of expression." 17 U.S.C. § 102(a). The law protects unpublished as well as published material.

The Director of Archives is responsible for following the Copyright law, including CUA Library Guidelines for Digitization Projects.

Related Policies

Copyright Policy
Record Retention

links checked and updated 07/22/10 TOL