Information Technology Reference
In-Depth Information
Table 25.1 (continued)
Money is fundamental - one cannot ask
for guarantees about funding for ever, but
one can make sure that the repository
cannot suddenly go out of business.
3.4 Financial Sustainability
3.4.1 The repository shall have short- and long-term business planning processes in place
to sustain the repository over time.
3.4.2 The repository shall have financial practices and procedures which are transparent, compliant
with relevant accounting standards and practices, and audited by third parties in accordance
with territorial legal requirements.
3.4.3 The repository shall have an ongoing commitment to analyze and report on risk, benefit,
investment, and expenditure (including assets, licenses, and liabilities).
The repository must ensure that it has
appropriate legal authority.
3.5 Contracts, Licenses, and Liabilities
3.5.1 The repository shall have and maintain appropriate contracts or deposit agreements
for digital materials that it manages, preserves, and/or to which it provides access.
These are some of the key aspects to the
legal authority needed.
3.5.1.1 The repository shall have contracts or deposit agreements which specify and transfer
all necessary preservation rights, and those rights transferred shall be documented.
3.5.1.2 The repository shall have specified all appropriate aspects of acquisition,
maintenance, access, and withdrawal in written agreements with depositors and other
relevant parties.
3.5.1.3 The repository shall have written policies that indicate when it accepts preservation
responsibility for contents of each set of submitted data objects.
3.5.1.4 The repository shall have policies in place to address liability and challenges
to ownership/rights.
Legal rights and IPR etc change over time
and this must be tracked and responded to.
3.5.2 The repository shall track and manage intellectual property rights and restrictions on use of
repository content as required by deposit agreement, contract, or license.
 
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