Post on 02-Jan-2016
transcript
LEGAL AGREEMENTS GOVERNING ARCHIVING
PARTNERSHIPS: THE NGDA APPROACH
Julie Sweetkind-SingerStanford University
Archiving 2009, IS&T ConferenceMay 5, 2009
BACKGROUND
Funding through the Library of Congress National Digital Information Infrastructure & Preservation Program initiative.
Joint award given to the University of California, Santa Barbara and Stanford University – funding began October 1, 2004.
Formation of a national geospatial digital repository dedicated to collecting and preserving geospatial data and imagery across a broad spectrum of geospatial formats. Creation of the NGDA.
Selection through the use of newly created collection development policies.
2
CONTENT PROVIDER AGREEMENT
Rights and responsibilities: depositors and node collectors.
Acquisition of content under copyright or license.
Three main parts: Main body Exhibit A Exhibit B
Created jointly by UCSB and SU to be used by either node with the ability to modify part of the contract as necessary.
4
MAIN BODY OF THE CPA
Grant of license. “Content Provider hereby grants to Custodians a
paid-up, non-exclusive, world-wide, transferable license to reproduce, prepare derivative works of, distribute, perform publicly, display publicly, digitally transmit and otherwise use the Licensed Materials at no cost in any media now known or hereinafter created in accordance with the terms of Agreement.”
Ability to share content between the nodes. Violation of copyright provisions. Bound by Exhibit B or substantially similar. Termination of the Agreement.
5
EXHIBIT A
Identification and description of the Content to be deposited.
Scope, number of files, format types, metadata, rights.
Transmission of data. End use of the collection. Communication between the Depositor and
the Node.
6
EXHIBIT B
Three sections: Authorized users Authorized uses Management of the licensed materials
Drafted with assistance from lawyers at Stanford and UCSB. Create a document acceptable to both a public
and a private university. Essential provisions had to go into this
section in order for existing and future nodes to be able to share content across the collecting network. 7
EXHIBIT B: AUTHORIZED USERS
Faculty, students, staff, etc., of any holder of NGDA content
Walk-in patrons Library of Congress: content transferred into
a dark archive General public (future access)
8
EXHIBIT B: AUTHORIZED USES BY NODE
Any manner consistent with US and international law, including fair use exceptions.
Research, educational, non-commercial purposes.
Ability to make multiple “ephemeral” copies for preservation.
Download and copy reasonable amounts. Use in course packs, electronic reserve,
interlibrary loan. Insubstantial amounts shared amongst scholars. Right to incorporate metadata into a publicly
accessible catalog. 9
EXHIBIT B: CUSTODIAN RIGHTS
If content has been shared, the original node can ask for it back for any reason.
Copyright infringement: removal from public site in 48 hours.
Reasonable practices and standards for long-term preservation.
Do their best to prevent unauthorized access. Credit the copyright holder. Identify for the depositor the names of the
other nodes holding their content.10
CONTENT COLLECTION NODE AGREEMENT
Agreement across nodes as to the standards by which materials are managed.
Two-part document Node agreement : structured Procedure manual: more flexible
11
NODE AGREEMENT
Specifies the expectations and obligations for participation in the NGDA as a content collector.
Four main features of a content collection node: Collection development policy. Institutional mandate to collect. Backing from its parent institution of preserve
content. Agreement to archive content.
Requires the creation of a depositor agreement for licensed or copyrighted materials.
Agreement must be in writing.
12
GOVERNANCE STRUCTURE / MEETINGS
Governance structure During the life of the Cooperative Agreement. As more nodes join (currently there are the
original two). More than 5 nodes are members.
Meet yearly to discuss Acquisition/removal of content Operating procedures Adding/removing nodes Changes to procedure manual
13
REMOVAL OF CONTENT / TERMINATION OF A NODE
Removal of content Will anyone else take it?
Not as current (elevation data) Size of the dataset (limitations on storage) Updated information desired
Copyright violations. Termination of a node
No longer desire to be a member of the NGDA. Violation of use clauses in Exhibit B, CPA or Node
Agreement.
14
PROCEDURE MANUAL
Working document designed to change with the needs of the members.
Reviewed on a yearly basis. Includes:
Meeting specifics Guidelines for identification of new nodes with
geographic dispersion across the country. Vetting of new nodes. When a node leaves. Awareness of overall collecting scope and when
major new collections are accessioned. 15
CONCLUSION
Stanford has taken in copyrighted content and has a signed agreement. UCSB all public domain.
Both campus legal counsels are reviewing the final node agreement for signatures.
SU and UCSB are gearing up efforts to identify new partners during the final phase of the cooperative agreement. How will the agreements stand up as new nodes
are added? Look to bring in new partners in early 2010.
16