RLI 279 10 June 2012 Research Library Issues: A QuarterlLy Report from ARL, CNI, and SPARC Model Digitization Agreement∗ DIGITIZATION AGREEMENT [NAME OF LIBRARY] This AGREEMENT is entered into as of the _____ day of ____________, 20____ (“Effective Date”), between [Library Name] (“The Library”), acting on behalf of [University Name] (the “University”), with principal offices at [university address] and __________________________ (the “Publisher”), with principal offices at _____________________________. WHEREAS, the Publisher desires to make digital copies of selections from certain Collections in the [NAME OF COLLECTION, DEPARTMENT, OR LIBRARY] (“the Selection”) and WHEREAS, the Publisher desires to incorporate the digitized images of the Selection in an electronic commercial product (“the Publication”) To authorized users so that they can access, display, refine, and print images from the Selection for research and private study, and WHEREAS, the Library desires to preserve and enhance the accessibility of the Selection to the aca- demic community and the general public in a manner in accordance with the Library’s public service and educational mission, and consistent with the “ARL Principles to Guide Vendor/Publisher Relations in Large-Scale Digitization Projects of Special Collections Materials of June 2010” (http://www.arl.org/ bm~doc/principles_large_scale_digitization.pdf) and the terms and conditions set out below THEREFORE, in recognition of mutual consideration, the Library and the Publisher (collectively the “Parties”) enter into this Agreement to allow the Publisher to access and make Digital Copies of se- lected Works from the collections of the Library as described in this Agreement in accordance with the terms set forth below. A general description of the project is set forth in Appendix A. 1. License to Access the Library Collections and to Make Digital Copies (a) As the holder/owner of certain rare or special collections, the Library grants to the Publisher, during the Term, as defined in Paragraph 2(a) below, access to the Library’s collections for the purposes of re- searching and selecting works to be included in Publisher’s digitization project. Access will be granted to the collections of the Library during the times as specified in Appendix A. (b) In its capacity as the holder/owner of certain rare or special collections, and subject to the terms and conditions of this Agreement, the Library grants to Publisher the nonexclusive right to digitize those works from the Library’s collections (the “Digital Copies”) That the Publisher selects and that the Library agrees to provide (the “Works”). * This model agreement 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 digitization agreement developed by the Copyright Advisory Office of Columbia University Libraries, Kenneth D. Crews, Director.