Research Library Issues, no. 279 (June 2012) resources
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RLI 279 7
Model Deed of Gift, including Mixed IP Rights*
DEED OF GIFT
I (we), [insert donor’s name here] [and spouse, if any here]of [insert address here] (hereafter referred to
as “DONOR”) am (are) the sole and absolute legal owner(s) with full right and authority to enter the
Deed of Gift and grant the rights granted herein for the gift materials fully described in Exhibit A at-
tached hereto and incorporated herein.
The gift materials include: (a) items for which the DONOR owns the copyrights and transfers the copy-
rights with the physical property (referred to hereafter as “Materials Transferred With Copyrights”), (b)
items for which the DONOR owns the copyrights but is not transferring the copyrights with the physi-
cal property (referred to hereafter as “Materials Transferred Without Copyrights”), (c) items for which
the DONOR does not own the copyrights and hence is only transferring the physical property (referred
to hereafter as “Materials with 3rd Party Copyrights”), and (d) materials that are in the public domain
(referred to hereafter as “Public Domain Materials”). All gift materials are referred to collectively as the
1. DONOR desires to transfer the Materials as a gift for inclusion and unrestricted access and use in
the collection of the [insert name of repository here] (“THE LIBRARY”).
2. For Materials Transferred With Copyrights, DONOR hereby irrevocably assigns, transfers, and
gives all of his (her, their) right, title and interest, including the sole and exclusive copyright in all
tangible materials (including without limitation written, audio, video, multi-media material or
material in any other tangible form now known or hereafter invented), to the Materials Transferred
With Copyrights to THE LIBRARY. To the extent that copyright may be shared with others, DO-
NOR hereby assigns to THE LIBRARY all his (her, their) right, title and interest in the copyrights
and waives and releases all such rights, whether partial or complete.
3. For all Materials Transferred Without Copyrights, DONOR hereby irrevocably assigns, transfers,
and gives all of his (her, their) right, title and interest exclusive of any copyrights he (she, they) may
have in the Materials Transferred Without Copyrights to THE LIBRARY.
4. For all Materials with 3rd Party Copyrights, DONOR hereby irrevocably assigns, transfers, and
gives all of his (her, their) right, title and interest in the tangible materials to THE LIBRARY.
5. For all Public Domain Materials, DONOR hereby irrevocably assigns, transfers, and gives all of his
(her, their) right, title and interest to the Public Domain Materials to THE LIBRARY. The parties be-
lieve in good faith, and understand, that all Public Domain Materials are in the public domain and,
thus, are not in anyway restricted in their use, reproduction, or publication.
6. After execution of this Deed of Gift by DONOR and acceptance by THE LIBRARY, title to the
Materials shall pass to THE LIBRARY upon acknowledgement of receipt of the Materials by THE
* This model deed of gift is made available by the Association of Research Libraries with the
understanding that ARL is not rendering legal advice. Please consult an appropriate professional
for legal services. If you are using this document in connection with a contract or other actual
transaction, please treat it as if copyright had been waived per Creative Commons Zero (CC0). If you
are using this document or a variation of it as a model or template, please treat it as licensed under
the Creative Commons Attribution (CC-BY) 3.0 Unported License. ARL suggests the following
attribution: Courtesy of the Association of Research Libraries, based in part on a model agreement developed
by the UCLA library and UCLA Senior Campus Counsel Amy Blum.
June 2012 ReseaRch LibRaRy issues: a QuaRteRLy RepoRt fRom aRL, cni, and spaRc