[Dspace-general] Licenses

Petsche, Kevin F kpetsche at iupui.edu
Fri Oct 29 12:23:07 EDT 2004


MacKenzie,

 

Your post to the General DSpace listserv on June 4 (see it below my
signature file) of this year addresses the exact issue with which we are
addressing right now.  You say that the default submission license deals
with the situation where a person is submitting items for the author or
creator.  

We changed the default license so that it reflects our campus (i.e.
IUPUI) and I just want to be sure that the language you are referring to
is:

 

"If the submission contains material for which you do not hold
copyright, you represent that you have obtained the permission of the
copyright owner to grant to IUPUI the rights required by this license,
and that such third-party owned material is clearly identified and
acknowledged within the text or content of the submission.  You agree to
hold IUPUI harmless in the event of any violation."  

 

Thanks in advance for your confirmation of this (and/or clarification),

 

Kevin Petsche

Electronic Journals Collection Manager

IUPUI University Library

UL1115K

755 W. Michigan Street

Indianapolis, IN  46202-5196

317.278.2330 (Office)

317.278.0368 (Fax)

 

<mailto:kpetsche at iupui.edu> kpetsche at iupui.edu

 

Hi Merle,
 
At MIT we do not produce a paper copy of the submission license (signed
or 
otherwise) -- I think that would be extremely impractical for the volume
of 
submissions we get. The default license does cover the case where the 
submitter is not the author, requiring that they (the submitter) have
the 
authority to approve the license on behalf of the author (whether the 
submitter is a department's admin assistant submitting a paper on behalf
of 
a faculty member, or whether the submitter is a faculty member
submitting a 
paper she co-authored with others, etc.)
 
We have a verbal agreement with new Communities when they join, but do
not 
require them to sign a legal MOU (as does, for example, the CDL 
eScholarship repository). Some institutions will definitely want to 
consider a legal agreement with Communities, but we felt it was too much

here, and would frighten off potential Communities unnecessarily.
 
We're also in the process of adding support to DSpace for (optional) 
Creative Commons licenses (US version) which would cover the end-user 
rights to use the content -- yet another twist on the copyright and 
licensing maze!
 
This is murky legal territory, and there is risk involved, but we hope
to 
use this opportunity to educate ourselves and our faculty about what our

options really are.
 
I hope this is helpful,
 

 

 

 

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