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Re: Digital Archive Agreements

Dear Jeanne

You write:

>We are beginning development work on a multi-institutional digital image
>archive.  The archive may be housed at one institution, but materials it
>contains will be donated by creators from several universities.  Should we
>develop license agreements with the creators that delineate our respective
>rights and obligations?  Does anyone have any experience developing such
>license agreements?  What elements should be included?
>Jeanne E. Boyle
>Director, Library of Science and Medicine and Branches

I am a UK-based attorney at the law firm of The Simkins Partnership
( working in the publishing/information and new
media areas.  I have recently completed work on the Evaluation of the UK
pilot site licence, a project involving the online delivery of academic
material to libraries in the UK.  I also work regularly on multimedia
projects involving the clearance of rights to create digital databases for
use for a variety of purposes. 

There are a number of key elements to the Licence Agreement including the

o if digitisation is involved, obtaining the right to use the physical
media on which the images are recorded; 

o clearing the rights (worldwide/per territory?) to the extent that the
works are in copyright;

o making sure the scope of the licence is wide enough to permit
exploitation of the database you create and the individual images
contained within it dealing with the issue of moral rights if any
alteration to the images is involved; 

o ownership of the database archive and any products and services derived
from it; 

o trade mark issues taking appropriate warranties and indemnities defining
the scope of the Library's liability to the Licensor(s) 

o Service obligations (if relevant)  

o payment terms (if relevant)  

o federal, state and international tax issues arising from the use of the

+ several more!  

Hope this helps.  Regards Laurence M Kaye
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