Archival Use Rights Policy

📋 PART A: PLAIN ENGLISH SUMMARY #

What This Policy Is About #

MyMahotsav is building a digital cultural archive of festivals, rituals, traditions, and community life. This policy explains how we preserve cultural heritage content even after users delete it—with important safeguards and opt-out rights.

Key Points #

• Cultural preservation mission: Some content has historical, anthropological, and cultural value beyond the individual user who posted it.

• Archival designation: Only specific content that meets clear criteria becomes part of the permanent archive. Not everything is kept forever.

• Opt-out with reason: You can request removal of your content from the archive, but we may need to balance this against cultural heritage preservation interests.

• Access restrictions: Archived content isn’t publicly searchable like regular content. Access is limited to researchers, cultural institutions, and verified heritage purposes.

• No commercial exploitation: Archived content isn’t sold or commercially licensed without additional permissions.

⚖️ PART B: LEGAL TERMS AND CONDITIONS #

1. PURPOSE AND MISSION #

1.1 MyMahotsav operates a digital cultural preservation program (the “Archive”) with the mission of documenting, preserving, and providing access to cultural heritage materials related to festivals, rituals, traditions, crafts, performing arts, and community life.

1.2 This Policy establishes the legal framework under which Content may be retained, preserved, and made accessible for cultural heritage purposes beyond standard Platform retention periods.

1.3 The Archive operates in alignment with:

• UNESCO Charter on the Preservation of Digital Heritage

• International Council on Archives (ICA) principles

• Relevant national cultural heritage laws

• Indigenous data sovereignty principles where applicable

2. ELIGIBILITY AND SELECTION CRITERIA #

2.1 Content may be designated for archival preservation if it meets one or more of the following criteria:

• (a) Documentary uniqueness: Content documents a ritual, practice, festival, or tradition that is rare, endangered, or no longer practiced

• (b) Historical significance: Content captures a significant cultural event, milestone, or moment in community history

• (c) Anthropological value: Content provides scholarly value for the study of culture, religion, or social practices

• (d) Artistic merit: Content represents exceptional artistic expression of cultural themes

• (e) Community nomination: Content is nominated by verified cultural institutions or community elders

• (f) Temporal significance: Content is of a minimum age (10+ years) and has demonstrated enduring relevance

2.2 Content is NOT eligible for archival preservation if:

• (a) It primarily contains personally identifiable information without documentary necessity

• (b) It depicts individuals without appropriate releases (except public figures at public events)

• (c) It contains sacred or secret ceremonial knowledge not authorized for public preservation

• (d) The Creator has explicitly opted out (Section 5)

• (e) It violates any Platform Policy at time of review

2.3 Archival designation decisions are made by:

• MyMahotsav Cultural Heritage Committee

• In consultation with relevant community representatives

• With input from academic and cultural institution partners

3. LICENSE EXTENSION FOR ARCHIVAL PURPOSES #

3.1 By submitting Content to the Platform, you grant MyMahotsav an additional, perpetual, irrevocable license to retain, preserve, and provide non-commercial access to your Content IF AND ONLY IF it receives Archival Designation under Section 2.

3.2 This Archival License is:

• Non-exclusive

• Worldwide

• Royalty-free

• Perpetual (survives Content deletion and Account closure)

• Non-commercial (except as provided in Section 3.4)

3.3 Permitted archival uses include:

• (a) Preservation copying and format migration

• (b) Storage in redundant, geographically distributed preservation systems

• (c) Display in virtual museum exhibitions

• (d) Access for verified researchers under ethical use protocols

• (e) Educational use by cultural and academic institutions

• (f) Public access through dedicated archival interfaces

3.4 Commercial use prohibition: Archived Content shall not be:

• Sold or licensed for stock photography

• Used in advertising unrelated to Platform mission

• Incorporated into commercial merchandise

• Otherwise commercially exploited without separate, specific consent from rights holders

4. ACCESS RESTRICTIONS AND GRADUATED ACCESS #

4.1 Archived Content is subject to graduated access levels:

4.2 Access decisions consider:

• Cultural sensitivity and sacred/traditional knowledge

• Privacy interests of depicted individuals

• Creator preferences (where available)

• Applicable laws and ethical guidelines

5. OPT-OUT AND REMOVAL REQUESTS #

5.1 Standard opt-out: Creators may opt out of archival preservation by:

• Contacting archives@mymahotsav.com

• Submitting a removal request through the Content deletion flow

• Specifying “Do Not Archive” preference in Account Settings

5.2 Balancing test: MyMahotsav will honor opt-out requests unless:

• The Content has exceptional, irreplaceable cultural heritage value

• The Content is the only known documentation of a significant cultural practice

• No reasonable alternative exists for preservation

• Opt-out would cause demonstrable harm to cultural preservation mission

5.3 Appeals: Creators may appeal archival retention decisions to the Cultural Heritage Committee. Decisions will be provided in writing with reasoning.

5.4 Indigenous cultural heritage: For Content originating from Indigenous communities, additional consultation protocols apply.

6. CULTURAL SENSITIVITY AND TRADITIONAL KNOWLEDGE #

6.1 MyMahotsav acknowledges that certain cultural knowledge:

• Should not be publicly accessible

• May be subject to customary laws and protocols

• Belongs to communities collectively, not individual uploaders

6.2 The Archive will:

• Consult with community representatives on culturally sensitive materials

• Implement appropriate access restrictions

• Remove content upon verified showing of unauthorized disclosure of secret/sacred knowledge

• Credit communities collectively where appropriate

7. RESEARCHER ACCESS AND ETHICAL USE #

7.1 Researchers seeking access to archived Content must:

• Complete research application detailing purpose and methodology

• Agree to Terms of Use for Researchers

• Obtain ethics board approval where applicable

• Commit to attribution and citation standards

• Agree not to identify individuals without consent

7.2 Violation of researcher terms results in immediate access revocation and may result in legal action.

8. DURATION AND PERPETUITY #

8.1 The Archive operates on a perpetual timeline. Content designated for archival preservation is intended to be maintained for the benefit of future generations.

8.2 In the event MyMahotsav ceases operations or the Archive program is discontinued:

• Reasonable efforts will be made to transfer archived Content to a reputable cultural heritage institution

• Transfer will be subject to equivalent access and use restrictions

• Creators will be notified where contact information exists

9. RELATIONSHIP TO OTHER POLICIES #

9.1 This Policy supplements, and does not replace:

• User Content License (Section 2.2 regarding backup survival)

• Privacy Policy (regarding retention of personal data)

• Copyright/DMCA Policy (regarding infringing content)

• Any other applicable Platform Policy

9.2 In case of conflict, specific archival provisions prevail for designated Content.

🌍 PART C: JURISDICTION-SPECIFIC ADDENDUMS #

UK ADDENDUM #

Legal Deposit Libraries Act 2003: MyMahotsav may voluntarily deposit culturally significant digital materials with the British Library and other legal deposit libraries.

Data Protection: Archival processing of personal data for cultural heritage purposes is a recognized compatible processing purpose under UK GDPR Recital 158.

INDIA ADDENDUM #

National Mission on Cultural Mapping: The Archive aligns with government initiatives to document India’s cultural heritage.

Ancient Monuments and Archaeological Sites and Remains Act: Content depicting protected heritage sites is subject to additional restrictions.

EU ADDENDUM #

Copyright in the Digital Single Market Directive (2019/790):

• Article 14: Works of visual art in the public domain may be freely used for cultural preservation

• Article 15: Press publications exception applies where relevant

GDPR Recital 158: Processing for archiving purposes in the public interest is subject to appropriate safeguards.

US ADDENDUM #

Copyright Term Extension Act: Archived Content remains protected by copyright for applicable terms. Archival preservation copying is a fair use factor under 17 U.S.C. § 107.

Native American Graves Protection and Repatriation Act (NAGPRA): Consult applicable protocols for Indigenous cultural items.

INTERNATIONAL INDIGENOUS ADDENDUM #

UNDRIP (United Nations Declaration on the Rights of Indigenous Peoples) :

• Article 11: Right to practice and revitalize cultural traditions

• Article 31: Right to maintain, control, protect, and develop cultural heritage and traditional knowledge

MyMahotsav commits to the principles of Indigenous Data Sovereignty: the right of Indigenous peoples to govern the collection, ownership, and application of their data.

📝 PART D: ENTERPRISE INTERNAL MANUAL #

For MyMahotsav Cultural Heritage Committee & Legal Operations #

A. Archival Designation Workflow #

Step 1: Identification

• Automated flagging (content age + engagement thresholds)

• Manual nomination (moderators, community partners, institutions)

• Systematic sampling for underrepresented traditions

Step 2: Triage Review

• Does it meet eligibility criteria? (Section 2.1)

• Any exclusion criteria triggered? (Section 2.2)

• Initial cultural sensitivity assessment

Step 3: Community Consultation (if applicable)

• For Indigenous/sacred content: identify appropriate community representatives

• Minimum 30-day consultation period

• Document consultation outcomes

Step 4: Designation Decision

• Approved for full archival retention

• Approved with access restrictions

• Rejected (notify nominator, if applicable)

Step 5: Metadata Enrichment

• Apply preservation metadata (PREMIS, Dublin Core)

• Document cultural context and significance

• Record access determinations

B. Access Request Processing Matrix #