3.5.2 Track and manage property rights/restrictions

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3.5.2 Track and manage property rights/restrictions
Status Ready for review
Compliance Rating Fully compliant
Responsible


The repository shall track and manage intellectual property rights and restrictions on use of repository content as required by deposit agreement, contract, or license.

Supporting Text

This is necessary in order to allow the repository to track, act on, and verify rights and restrictions related to the use of the digital objects within the repository.

Examples for Meeting the Requirement

A Preservation Policy statement that defines and specifies the repository’s requirements and process for managing intellectual property rights; depositor agreements; samples of agreements and other documents that specify and address intellectual property rights; documentation of monitoring by repository over time of changes in status and ownership of intellectual property in digital content held by the repository; results from monitoring, metadata that captures rights information.

Discussion

The repository should have a mechanism for tracking licenses and contracts to which it is obligated. Whatever the format of the tracking system, it must be sufficient for the institution to track, act on, and verify rights and restrictions related to the use of the digital objects within the repository.

Evidence Provided

APTrust is not a public repository and does not provide any form of public access to content.

In order to track and verify rights and restrictions related to the use of the digital objects within the repository, the APTrust Repository tracks and manages intellectual property rights and restrictions on use of repository content as required by deposit agreement, contract, or license.

The APTrust Sustaining Member Deposit Agreement (current adopted version) states that the Depositor is responsible for managing the intellectual property rights, and will: "Affirm that 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."

Access rights metadata is required for deposit into APTrust, which are outlined in the Required Metadata Elements section of the wiki. These rights are consortia access rights and are not general public access rights.

Compliance Rating

Fully Compliant

Status

Ready for review