Appendix D: Rose Library Post-Processing Rights and Risk Assessment Report Template

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Rose Library Post-Processing Rights and Risk Assessment Report Template

Your Name:

Your Email:

Your Phone Number:

Date:


INSTRUCTIONS

Following the processing of a collection, complete this report describing the intellectual property issues in the collection. This report is neither a digitization proposal nor the full fair use/risk assessment that will be necessary for digitization. This report should document the potential copyright risks that will require further investigation prior to a digitization proposal submission. It will be used to determine whether a digitization proposal should move forward, and if so, what additional rights clearance and risk assessment work needs to be completed.


COLLECTION OVERVIEW

Collection Title:

Dates:

Extent:

Scope Note:

Access and Use Restrictions:


RIGHTS AND LICENSING AGREEMENTS

Deed Language:

Please attach a copy of the deed of gift/sale with the language that discusses intellectual property highlighted, if present.

Copyright Holders:

Provide a list of all major copyright holders represented in the collection, including life dates, if known. “Major copyright holders” is defined as both individuals who hold copyright to a significant volume of the collection and well-known/famous copyright holders.

Have permissions been secured from any of the individuals listed above?

□ Yes  □ No

If yes, please list them here and attach copies of permission letters/correspondence documenting the clearance. Add any individuals from whom we need to secure permissions to the “Pre-Proposal Risk Assessment Checklist” at the end of this report.


ADDITIONAL IP OR RISK ASSESSMENT FACTORS

What additional factors need to be considered before digitizing this collection? For example, litigious or overly involved donors/family; contentious relationships with donors; donors would be enthusiastic about digitization and willing to work with us; privacy issues, etc. Please describe them here.


Series 1 Assessment [Repeat for each series/if no series in the collection, complete once for each set of homogenous material in the collection]:

Name, Date, and Extent of Series:

Series Level Scope Note:

Does the series contain:

□ Unpublished works by collection creator

□ Published works by collection creator

□ Unpublished works by others

□ Published works by others

□ Works for hire

□ Scrapbooks

□ Photographs by collection creator

□ Photographs by others

□ Audiovisual recordings

□ Other (please list):

Based on the contents of the series, what is the overall risk associated with digitization of this material, according to the Rose Library’s Copyright Risk Matrix? Explain the factors that you considered to arrive at your conclusion.

Would securing permissions from rights holders in this series be cost- and time-prohibitive based on available resources?

□ Yes  □ No

Why or why not?

Any additional high-risk materials or red flags?

What other factors should be considered if this collection is proposed for digitization (privacy issues, research value of the material, etc.)?

High Level Rights and Risk Assessment/Recommendation for Series:


FINAL ASSESSMENT

Provide brief comments about whether this collection or portions of this collection would be appropriate candidates for digitization or what steps could be taken to secure rights


Pre-Proposal Risk Assessment Checklist

Please check all steps below that have been completed at the time of writing this report. Any steps that remain unchecked will be completed by the digitization proposer prior to submitting a proposal.

□ Verified whether or not deed of gift or sale gives us permission to digitize and make material available online (please list categories of material covered by deed and include overall percentage of the collection if you can estimate it)

□ Fair use assessments (if you are able, please list material that will require an assessment)

□ Copyright holders have been contacted to secure permission to digitize any material that is not determined to be a fair use (please provide the name of each copyright holder from the list at the beginning of this report who has already been contacted)

□ Series have been sampled to determine risk levels

□ Audiovisual material in this collection has already been digitized (please describe which a/v was digitized and include the justification for digitization)

□ Other material in this collection has already been digitized (please describe what material was digitized and provide the justification for digitization)

License

Icon for the Creative Commons Attribution-NonCommercial 4.0 International License

Finding Balance Copyright © 2023 by Carrie Hintz, Melanie T. Kowalski, Sarah Quigley, and Jody Bailey is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License, except where otherwise noted.

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