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.

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NECESSARY CONTRACTS

Content Provider Agreement Content Collection Node Agreement Procedure Manual

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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.

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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.

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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.

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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)

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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

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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.

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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

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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.

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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.

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MORE INFORMATION

Julie Sweetkind-Singer sweetkind@stanford.edu

National Geospatial Digital Archive www.ngda.org

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