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.
To date, UC3 has secured and maintained agreements with institutions -- specifically, the UC Libraries -- that have deposited collections into our preservation service. The Digital Assets Submission Agreement (DASA) and an associated Inventory (DASI) constitute the agreement. The form of these agreements is currently under review by UC3; a revision offering a reformulated statement of reciprocal rights and obligations of all parties is anticipated shortly.
The DASA serves the following functions:
- Identifies the institution as producer of digital objects for preservation
- Includes an indemnity statement that protects the University of California should any third-party rights infringement occur
- Establishes the type of rights and license the institution is providing to CDL
- The agreement does NOT transfer copyright to the CDL
The License section of the agreement includes three options. The options, described in legal language in the agreement, are summarized here:
- Selecting option 3.1 grants the CDL the right to preserve and provide access to the inventory
- Selecting option 3.2 grants the CDL the right to preserve, provide access to, and redistribute the inventory
- Selecting option 3.1 grants the CDL the right to preserve the inventory
The agreement must be signed by a person in the library organization who has signature authority for contracts and legal agreements, usually the department head or organization director. The library completes and signs two copies of the agreement, and sends both to UC3. A CDL representative countersigns both originals, and returns one to the library.
The DASI formally records decisions about and attributes of an inventory of digital objects to be submitted to UC3.
UC3 will respond to intellectual property rights challenges by establishing the bona fides of the claimant and if necessary working with the responsible campus curatorial unit to comply with valid access restrictions or takedown requests.