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Intellectual Property Issues

Avoiding technological methods that restrict or impede user access to primary source material, the Mississippi Digital Library has implemented a process for resolving intellectual property issues based on identifying potential copyright and privacy issues, opening a channel of communication with rights holders, and providing contextual information to educate users. The original rights holders and the member repositories retain any rights to the original documents they may hold. Permission is given only for the single use of generating the digital archive of the Mississippi Digital Library.

The resolution of intellectual property issues is proceeding according to the revised method established for USM's Civil Rights in Mississippi Digital project, which is as follows:

  • Integrate the identification of potential copyright/privacy instances within records into the selection and metadata processes.
  • Locate as many rights holders as possible using Internet and other reference sources. The search for these individuals will be documented using a form generated for the purpose. Besides facilitating the search, the form will document that, even in the case of unsuccessful searches, a reasonable effort has been made to locate rights holders.
  • Contact rights holders, provide information about the project, and request permission to include materials under specific conditions (see Appendix D).
  • Post the names of remaining individuals on the IP/Privacy Web site. The list will accompany a statement requesting that potential rights holders contact the project director, giving the individuals disinclined to allow digital access to materials another opportunity to object.
  • Remove materials to which individuals with a valid copyright or privacy claim object to public access.
  • Provide key rights holders (most often collection donors) an opportunity to review digital assets before they are made generally available.
  • Attach a copyright statement, and use watermarks of repository logos for each item in the digital archive to inform users and discourage infringement.
  • Provide historical context for the materials through interpretive Web sites attached to the archive (See Appendix E). Include a statement that information is provided from various historical perspectives for the purpose of research and that the points of view expressed are not endorsed by the provider.
For more details refer to this.

Please send comments or questions to: info@msdiglib.net

© 2006 Mississippi Digital Library
URL:http://www.msdiglib.net

Last modified: May 29, 2006