Workbook on Digital Private Papers > Appendics > Model gift agreement

Model gift agreement

THE AGREEMENT

This Agreement dated DATE is made between NAME OF ORGANISATION ('ABBREVIATED NAME') of ADDRESS OF ORGANISATION, on the one part; and the Donor identified in the Schedule on the other part.

The following are the terms and conditions upon which the Donor now agrees to place the material identified in the Schedule to this Agreement ('the Papers') with the NAME, and the NAME agrees to accept the placement.

1) Ownership of the Papers

i) The Donor represents and warrants that he/she is the owner of the Papers.

ii) Ownership of the Papers which will be placed exclusively with the NAME will be vested in the NAME; and title to any Papers placed after the date of this Agreement will transfer to the NAME on delivery.

2) Access

The parties intend that after cataloguing the Papers will be made available to the public for research purposes but they recognise that in some cases items may be confidential; others may contain personal data; and others may be so sensitive that their disclosure could endanger individuals' health or safety.

Such items will be identified either before placement with the NAME and indicated in the Schedule, and/or marked in the process of cataloguing, together with a note of the period of reservation. If the NAME receives a request under the Freedom of Information Act 2000 for the disclosure of information in the Papers/Manuscript(s), the NAME will notify the Donor and consult with the Donor.

Subject to the Act, it is the parties' intention that until catalogued the Papers should remain closed to all but members of staff at the NAME and authorised representatives of the Donor. After completion of the catalogue, members of staff at the NAME will consult with the Donor about on-going arrangements for access which comply with the Act.

3) Intellectual Property Rights

i) All and any copyright in the Papers is held exclusively by the copyright owner(s), unless otherwise assigned.

ii) The Donor will not dispose of the copyright in his/her lifetime.

iii) The Donor permits the NAME to store, translate, copy and re-arrange the Papers electronically for the purposes of preserving the digital items in the Papers.

iv) The Donor permits the NAME to create catalogues of the Papers and to create metadata required for the preservation of digital items in the Papers. The NAME will own the copyright in the metadata, any copyright in the catalogues which can be distinguished from copyright in the Papers and any database rights in the catalogues. The Donor shall be provided with a copy of any such catalogues.

v) The NAME will not reproduce or sanction to be reproduced by mechanical means (including all forms of photography) any material without the express permission of the copyright owner(s). As an exception, however, the Library staff may use their discretion to supply copies to applicants who have signed a standard copyright declaration agreeing (amongst other conditions) to use the copies solely for purposes of non-commercial research and to seek the permission of the copyright owner(s) for any other use.

vi) In the case of such mechanical reproduction, the NAME will hold copyright in its own images (e.g. transparencies or digital files), but without prejudice to the underlying copyright in the material and any permissions granted to the NAME for the use of the material.

4) Disposal

i) The NAME reserves the right to return to the Donor any material not deemed of archival value or, with the consent of the Donor, to destroy such material.

ii) In the event that the NAME wishes to de-accession the Papers, the NAME agrees not to sell, move or otherwise dispose of the Papers without consultation with the Donor, his/her heirs or assigns.

5) Preservation

The NAME will exercise the same degree of care over the preservation of the Papers as over the preservation of similar property of the NAME which is kept in the NAME.

6) Loss or damage

The Donor appreciates that, except as stated above, neither the NAME nor any of its officers, employees or agents can accept responsibility for loss or damage to the Papers.

7) Security

The NAME agrees to take reasonable measures to prevent unauthorised access to, duplication of, or distribution of the Papers.

SCHEDULE

The Donor

Name: NAME OF DONOR, his/her personal representatives and those entitled under his/her estate to the copyright in the Papers referred to below

Address: ADDRESS OF DONOR

The Papers/Manuscript(s)

(a) DESCRIPTION OF PAPERS:- e.g. correspondence, manuscript(s), notes, speeches, writings, photographs, printed material, digital material, videos cassettes:

(b) Reserved Papers/Manuscripts (if any):-
description:-
period of reservation:-
reason(s) for reservation:-

(c) Further material which may be donated by the Donor in future:

AS WITNESS the hands of the Donor and of an authorised signatory for the NAME:

SIGNED for and on behalf of NAME

Name:

Position:

Signature:

Date:

SIGNED BY NAME AND ADDRESS OF DONOR

 

Signature:

Date: