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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.

3.5.1.1       The repository shall have contracts or deposit agreements which specify and transfer all necessary preservation rights, and those rights transferred shall be documented.

Supporting Text

This is necessary in order to have sufficient control of the information for preservation and limit the repository’s exposure to liability or legal and financial harm.

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

Contracts, deposit agreements; specification(s) of rights transferred for different types of digital content (if applicable); policy statements on requisite preservation rights.

3.5.1.2       The repository shall have specified all appropriate aspects of acquisition, maintenance, access, and withdrawal in written agreements with depositors and other relevant parties.

Supporting Text

This is necessary in order to ensure that the respective roles of repository, producers and contributors in the depositing of digital content and transfer of responsibility for preservation are understood and accepted by all parties

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

Properly executed submission agreements, deposit agreements, and deeds of gift; written standard operating procedures

3.5.1.3       The repository shall have written policies that indicate when it accepts preservation responsibility for contents of each set of submitted data objects

Supporting Text

This is necessary in order to avoid misunderstandings between the repository and producer/depositor as to when and how the transfer of responsibility for the digital content occurs.

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

 Properly executed submission agreements, deposit agreements, and deeds of gift; confirmation receipt sent back to producer/depositor.

3.5.1.4       The repository shall have policies in place to address liability and challenges to ownership/rights.

Supporting Text

This is necessary in order to minimize potential liability and challenges to the rights of the repository

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

A definition of rights, licenses and permissions to be obtained from producers and contributors of digital content; citations to relevant laws and regulations; policy on responding to challenges; documented track record for responding to challenges in ways that do not inhibit preservation; records of relevant legal advice sought and received.

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