The Legal Agreements of the National Geospatial
Digital Archive
Julie Sweetkind-SingerStanford University
NDIIPP National Conference, Washington, DCJune 25, 2009
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 Overview
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. 6
Exhibit B: Users, Uses and Rights
Authorized users: Faculty, students, staff, etc., of any holder of NGDA content; walk-in patrons; Library of Congress; general public
Authorized uses: Use allowed under copyright law; research; copies for preservation; course packets; sharing amongst scholars; metadata publicly available.
Rights: Provisions for copyright infringement; removal of content; following standards for preservation; credit to the copyright/license holder. 7
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. 12
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 [email protected]
National Geospatial Digital Archive www.ngda.org
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