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Digitizing Special Collections: Your Deed of Gift Form Said What?
Jill Ann HurstHurst Associates, Ltd.
Copyright © 2003, Hurst Associates, Ltd. All rights reserved.
Hurst Associates, Ltd.
Project & Material Selection
• Items are selected for digitization based on several criteria including:– Copyright law
• “Everything” is copyrighted• Public domain• http://www.copyright.cornell.edu/
training/Hirtle_Public_Domain.htm– Deed of Gift forms – a formal, legal
agreement
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Deed of Gift Forms
• The problems
– Items donated without a Deed of Gift
– Missing Deed of Gift forms
– Materials where original copyright ownership is unknown
– Forms that do not explicitly transfer copyright ownership
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What Should the Deed of Gift Include?
• Title and description of the materials being donated
– Have enough detail so that it will remain clear what this deed covers.
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• Transfer of ownership
– Donor agrees to transfer legal ownership
– Material becomes the physical property of the recipient institution
– Donor agrees that the materials may be reformatted for preservation (e.g., microfilming or copying)
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• Transfer of copyright
– Transfer copyright on materials the donor authored.
– Cannot transfer copyright on other materials, such as letters received by the donor.
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– Transferring copyright means the institution can:
• Reproduce the work in copies
• Prepare derivative works
• Distribute copies of the work to the public by sale, rental, lease or lending
• Perform the work publicly
• Display the copyrighted work publicly
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• Separations
– An understanding of what will occur if items are removed from the collection.
• Can the institution sell or discard materials?
• Must discarded materials be returned to the donor?
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More Info & Sample Forms
• A Guide to Deed of Gifts http://www.archivists.org/catalog/deed_of_gift.asp
• Deed of Gift of Library Materials http://www.une.edu.au/library/community/deedgift.pdf
• Univ. of Texas at Austin http://www.utexas.edu/research/tarl/curation/FORM8.PDF
• Carnegie Branch Library for Local History http://www.boulder.lib.co.us/branch/carnegiegift.html
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• This presentation will be online at: http://www.HurstAssociates.com
• Resources For Learning More About Digitization www.hurstassociates.com/dig_resources.htm
