3.5.1.4 Policies about liability and rights challenges

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3.5.1.4 Policies about liability and rights challenges
Status Ready for review
Compliance Rating Fully compliant
Responsible


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 for Meeting the 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.

Discussion

The repository’s Preservation Policies and Preservation Implementation Plans and mechanisms should be vetted by appropriate institutional authorities and/or legal experts to ensure that responses to challenges adhere to relevant laws and requirements, and that the potential liability for the repository is minimized.

Evidence Provided

The APTrust Sustaining Member Deposit Agreement (current adopted version, 2015) states the Depositor's responsibilities: “Depositor is responsible for all ownership, usage, intellectual property, and other rights to the Deposit and will indemnify and hold harmless the APTrust from any claims of unlawful or unauthorized use of any data contained in the deposit, including copyright infringement.”

The APTrust Preservation Services Policy "outlines the core preservation activities that each depositor can expect to receive from APTrust."

Compliance Rating

Fully Compliant

Status

Ready for review