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3.5.1 - The repository shall have and maintain appropriate contracts or deposit agreements for digital materials that it manages, preserves, and/or to which it provides access.

Supporting Text

This is necessary in order to ensure that the repository has the rights and authorizations needed to enable it to collect and preserve digital content over time, make that information available to its Designated Community, and defend those rights when challenged.

Examples of Ways the Repository can Demonstrate it is Meeting this Requirement

Properly signed and executed deposit agreements and licenses; Policies on third-party deposit arrangements; definitions of service levels and permitted uses; repository policies on the treatment of “orphan works” and copyright dispute resolution; reports of independent risk assessments of these policies; procedures for regularly reviewing and maintaining agreements, contracts, and licenses.Introduction

OCUL has identified the preservation rights necessary to enact SP's Preservation Strategic Plan. To the extent possible, OCUL ensures that these rights are present in Provider license agreements. These agreements codify preservation rights, transfer procedures, transfer of responsibility, and the limits of liability.

See 3.5.1.1 , 3.5.1.2 , 3.5.1.3 , and 3.5.1.4 for full details.

Responsibility

OCUL Directors

OCUL Projects Officer

SP Director

Digital Preservation Policy Librarian

Relevant Documents

  1. OCUL Model Licenses
  2. OCUL Consortial Products (password required)
  3. Relevant Legislation
  4. Record of rights transferred by Provider (available on request)
  5. License Management Workflow