RLI 279 12
June 2012 ReseaRch LibRaRy issues: a QuaRteRLy RepoRt fRom aRL, cni, and spaRc
MoDel Digitization agreeMent
er’s obligation to make such determination prior to selecting a particular Work for digitization. If the
Publisher elects to digitize in-copyright works, it will ensure that it has the legal basis to do so.
(b) In consideration for the rights and license granted by the Library hereunder, the Publisher shall pay
fees to the Library in accordance with the fee schedule set forth in Appendix A. In addition, the Pub-
lisher shall pay all taxes, duties, and any assessments imposed by any foreign, U.S. federal, state, local,
municipal, or other government.
(c) The Publisher shall ensure that all Digital Copies meet the quality standards and technological re-
quirements as specified in Appendix A. The Publisher shall bear all costs of making the Digital Copies,
including all labor, equipment, materials, and other costs. The Library reserves the right to approve the
types of equipment that will be used to digitize the Works. The Publisher shall, upon reasonable request
by the Library at any time during the Term, permit the Library to examine samples of the Digital Copies
to assess their quality. Publisher will make whatever changes are reasonably needed in its digitization
process if the Library determines that the samples do not meet such quality standards and/or techno-
logical requirements.
(d) The Publisher shall provide the Library with a Digital Copy of each Work on a delivery schedule as
specified in Appendix A.
(e) The Publisher may use its set of Digital Copies as part of its products or services and may permit
its customers or patrons to use the Digital Copies as permitted under applicable law. The Parties may
specify in Appendix A any conditions or limits on the use of the Digital Copies by the Publisher.
(f) The Publisher hereby grants free online access to the Library faculty, students, staff, and other affili-
ates of the University, to all products and services of the Publisher that include any of the Digital Cop-
ies.
(g) The Publisher shall adhere to the Library guidelines for the handling of the physical materials, as
specified in Appendix A.
(h) The Publisher shall use its best efforts to protect the editorial integrity, completeness, and appear-
ance of the Works. Any product or service of the Publisher that includes the Digital Copies shall meet
prevailing commercial and research standards for layout, file formatting, and quality. All Digital Cop-
ies shall include an appropriate publication citation information or relevant metadata, including credit
for the source of the original material as follows: _______________________ [the collection name], [name
of Library] (“Citation”). If Publisher makes Digital Copies available to any third parties, Publisher shall
require such third parties to retain the Citation in the Digital Copies.
(i) The Publisher shall return the Works from its on-site or off-site facility to the Library promptly upon
the earlier of (i) completion of making the Digital Copies, (ii) Publisher’s decision not go forward with
digitization of the Works in question, (iii) Publisher’s receipt of a request from the Library to return the
Works in question, or (iv) _____ months after receipt of the Works from the Library.
(j) The Publisher shall bear the risk of loss or damage to the Works from the digitization process. If the
Library determines that a Work was not returned in substantially the same condition as when it was
delivered to the Publisher, the Publisher shall, at the Library’s discretion, replace the Work or pay the
Library for the repair or replacement of the Work.
(k) The Publisher will hold in confidence any personally-identifiable information associated with the
use of images scanned from the Library’s collection. The Publisher will regularly remove all personally-
identifiable information associated with the use of scanned images from its log files and content man-
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