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LC RFI 3rd Party Digitization Initiatives (Principles)

LC RFI 3rd Party Digitization Initiatives (Principles)

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Published by: LJ's infoDOCKET on Aug 10, 2012
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DRAFT 8/8/121
Principles for Library of CongressThird-Party Cooperative Digitization Agreements
The Library of Congress has two main purposes in expanding the Library’s digitalcollections and engaging in no-cost digitization agreements with third parties:
Increasing public access to collection and related materials and
Preserving and securing the materials for the future.The process will be guided by the Library’s additional goals of open government, transparency, opencompetition, and adherence to copyright law in entering into such agreements.
The following principles guide the Library of Congress in assessing all proposals for bothcommercial and noncommercial third parties to digitize materials in Library collections, includingdigitization for exchange and digitization from microfilm. These principles apply only to agreementsfor which the Library does not compensate the third party. These principles will not apply to (1)commercial digitization contracts; (2) digitization of Library collections by individuals ororganizations holding the copyright in those collections; (3) internal duplication by the Library; or (4)duplication through the Library’s Duplication Services scanning services.
The Library does not enter into exclusive arrangements that allow only select entities touse the Library’s collections for commercial or non-commercial purposes.1.2.
Generally, the Library will not enter into agreements to digitize the same originalmaterials more than once.
The Library anticipates that it will have multiple digitization partners.
2.1 The Library anticipates publicly soliciting proposals for no-cost third-party digitizationprojects for Library collections.2.2 The Library anticipates that all third-party digitization agreements will benonconfidential, public information.
DRAFT 7/20/1223.
Selection of Materials.
Library prioritization.
The Library will establish digitization priorities for itscollection materials in accordance with the mission of the Library, taking into considerationfactors such as collection policies, congressional priorities and the public interest.3.2.
Library selection.
The Library reserves complete and final approval as to whatmaterials may be digitized under an agreement. Generally, items selected for digitization willbe whole books, full series of documents or runs
of periodicals, full image collections, etc., asopposed to isolated items.3.3.
Digitized materials must be (a) in the public domain, (b) materials forwhich, in the judgment of the Library, there are no known copyright restrictions, or (c)materials for which the digitizing partner agrees to obtain copyright permissions for both itsactivities and the activities of the Library with respect to the project.3.3.1 The partner may assert copyright in independent, creative elements it may addto the original materials, such as enhanced metadata, assuming the partner has asufficient legal basis and does not attach the Library to its claim. However, the partnermay not claim copyright on the basis (a) of creating a derivative of the underlying work without permission of the copyright owner, or (b) that the mere act of digitization risesto the level of separate copyrightability or can create copyright in materials that areotherwise in the public domain.3.3.2 The Library will not enter into third-party digitization agreements for materialsunder copyright absent a plan to obtain permission from the copyright owners. TheLibrary will reserve complete and final approval of each permission plan. Thepermission plan should include obtaining necessary rights for the Library to provideaccess to the public, and to preserve and secure the digitized copies over time, andshould require the partner to assume all risk in the digitization of copyrighted works,including any permission fees.4.
Digitized Materials.
Library copy.
As a general rule, the Library must at a minimum receive a digitalcopy suitable for the Library’s archival purposes promptly after the digitization is complete.The Library generally expects to receive an additional copy, in a format to be agreed upon, forpurposes of providing access to Library patrons.4.2.
In addition to a copy of the digitized material named and organized infolders in an agreed-upon scheme, the Library requires the partner to provide associated coremetadata to be agreed upon by the Library and the partner. The associated core metadata mustbe sufficient to make the digitized copies usable by the Library, and must include a core set of 
DRAFT 8/8/123descriptive metadata. If the partner were to create enhanced metadata for its value-addedfeatures, the Library would encourage, but not require, the partner to provide that metadata tothe Library.
The partner shall provide agreed upon credits to the Library, and the Libraryshall provide agreed upon credits to the partner.
Digitization Process.
Technical specifications.
The Library and the partner must agree on detailed technicalspecifications for digitization, including quality control. These specifications should beconsistent with http://www.digitizationguidelines.gov.
Handling of materials.
Archival materials must be handled in accordance withLibrary conservation and security standards. The original materials may not be damaged ordestroyed. As a general rule, disbinding of collection materials is not allowed.
Accessibility of materials being digitized.
The partner should establish workflowsthat minimize the amount of time that the original materials are unavailable to the Libraryduring the digitization process. In all events, it must be possible to retrieve materialsexpeditiously to meet urgent Library needs.
Off-site scanning.
The Library will consider allowing materials to be digitized off-sitewhen it is to the Library’s advantage to do so, taking into account condition of materials,rarity, number of copies, requirements for access, timeline, etc.6.
The partner bears all or a significant portion of the costs of the digitization, including thecosts of any copyright search or permissions for materials still protected by copyright.6.1.
Additional Support Costs.
The Library may request the partner to assume additionalcosts for supporting all phases of the project, including but not limited to:
project management,
material identification and selection,
material preparation (including access review and preservation activities),
inventory control,
conservation assessments,
conservation treatment,
preparing materials for scanning,
metadata collection and quality control,
data management,
all costs of permissions.

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