Collaboration agreement between the National Library of Norway and

Transcription

1 Collaboration agreement between the National Library of Norway and A The Agreement covers: 1. Digital depositing/receipt of newspapers 2. Digitalisation of existing archives 3. Joint archiving solution 4. Use of digital copies (under points 1 3) B Purpose of the collaboration agreement The National Library of Norway is responsible for safeguarding content published in Norwegian in all media for future use. This includes facilitating storage for the next millennium, as well as securing ongoing distribution, primarily for research and documentation purposes. The National Library of Norway s duties are laid down in the Norwegian Legal Deposit Act. This Act covers all media including digital content. The National Library of Norway is committed to establishing good relationships with the producers and publishers of content so as to ensure optimal compliance with the Norwegian Legal Deposit Act by both the depositor and the National Library of Norway as recipient. As part of this work, the National Library of Norway has examined various aspects of the consequences of the digitalisation of newspaper production in a pilot project with. Three main focus areas have been adopted: 1) digital depositing of printed editions in PDF format and use of this format to replace use of microfilm as a storage and distribution medium 2) digitalisation of historical archives (scope, quality and costs) and 3) potential collaboration on a high-quality digital archive (joint use and conditions and terms for such). This work has given rise to three agreement areas appended as Annexes to this Agreement: Annex 1: Agreement on deposit/receipt of the newspaper in digital format Describes how and why digital deposits are to be made, and regulates how the National Library of Norway can use the digital edition of the newspaper. Annex 2: Digitalisation of existing archives Describes how collaboration on digitalisation can be implemented and how the costs shall be allocated, and regulates how the National Library of Norway can use the digitalised edition of the newspaper. Annex 3: Establishment and use of digital archives Joint archive solutions may be established based on Annex 1 and Annex 2. This Annex describes different ambition levels and cost models for this type of collaboration. Detailed cost analyses must be produced for each individual case. For

2 Annex 1 31 March 2009 Agreement on deposit/receipt of in digital format between The National Library of Norway Henrik Ibsensgate 110 PO Box 2674 Solli, NO-0203 Oslo, Norway BRN: Tel.: and Biskop Gunnerus gate 14A PO Box 1 Sentrum, NO-0051 Oslo, Norway BRN: Tel.: The purpose of this Agreement is to supplement the current scheme governing the legal deposit of newspapers in paper format with digital deposits in accordance with the provisions of the Norwegian Legal Deposit Act. 2. Digital deposits will give rise to a digital archive. This archive will help to safeguard Norwegian culture and society for the next millennium. 3. The Norwegian Act relating to the legal deposit of generally available documents of 9 June 1989 no. 32 (the Norwegian Legal Deposit Act) applies to all forms of media. Generally available documents shall be deposited with the National Library of Norway irrespective of the medium used. The documents shall be deposited in the format in which they were published, cf. the provisions of the Norwegian Act relating to the legal deposit of generally available documents, 1, first para. Newspapers that are issued in both paper and digital format shall be legally deposited in both formats. Where newspapers are not issued in digital format, digital depositing shall be effected on the contractual basis established in this Agreement. 4. Irrespective of legal basis, the material shall be deposited in a high-resolution format and comply with the National Library of Norway s prevailing standards concerning choice of format and naming of individual files. The National Library of Norway shall store the newspaper in digital format for the next millennium. To ensure that digital imaging data will survive several generations including migration to new formats (which will be inevitable from the time perspective involved) it will be necessary to use a high-resolution starting format. This will also ensure that the National Library of Norway s digital archive will provide a satisfactory de facto back-up copy of the newspaper s own digital production archive. 5. Where digital files of the newspapers are to be deposited in accordance with the Norwegian Legal Deposit Act due to the fact that the material has also been distributed to readers in digital form, further publication will comply with provisions of the Norwegian Legal Deposit Act and the Norwegian Copyright Act including regulations. If the newspaper has not been issued in digital form by the publisher, but has been legally deposited in accordance with

3 Annex 1 31 March 2009 agreement, the material shall be distributed in the same way as the legally deposited material and subject to the restrictions pursuant to the Norwegian Legal Deposit Act. 6. Digital depositing and distribution shall replace the current scheme of microfilming newspapers in the National Library of Norway. Once digital depositing has entered into force in accordance with the Norwegian Legal Deposit Act and in accordance with agreement, the National Library of Norway shall have the right to distribute the material digitally to current subscribers on microfilm. The following subscribers shall have access to in digital form: NTNU University Library, University of Bergen Library, The University Library in Tromsø, Oslo Public Library, The Danish State and University Library (Aarhus), The National Library of Finland, The Royal Library (Copenhagen), The National Library of Sweden (Stockholm), Gothenburg University Library. Access shall be granted to the material through the National Library of Norway s website. 7. The scheme for borrowing on microfilm from the Deposit Library shall further be replaced by a digital service. The National Library of Norway will therefore be granted the right to give access to the newspaper in digital form to the deposit library s users/lenders (i.e. other libraries). It is specifically pointed out that such access should be granted in the libraries premises. Subject to agreement, exceptions may be made to allow specific researchers and others with special permission connected to research and documentation time-limited online access. 8. must have either attained or shall attain the necessary rights required to be able to enter into this Agreement with the National Library of Norway. 9. Attempts shall in the first instance be made to resolve any disputes that may arise concerning the execution or interpretation of this Agreement by means of negotiations between the parties. If agreement cannot be reached, the dispute shall be resolved in accordance with normal rules on court proceedings. 10. The Agreement enters into force as soon as it has been approved and signed by the parties. Subsequently the Agreement will be automatically renewed for one year at a time, unless one of the parties wishes to cancel the Agreement. Cancellation shall be effected with at least one month s notice. 11. At the expiry of the Agreement the National Library of Norway s right to further management of already deposited newspapers will be as regulated in this Agreement. 12. All addenda and amendments to this Agreement shall be made in writing. This Agreement is issued in two copies, with one copy being retained by each of the parties. For

4 Annex 2 31 March 2009 Agreement on digitalisation of existing archives between The National Library of Norway Henrik Ibsensgate 110 PO Box 2674 Solli, NO-0203 Oslo, Norway BRN: Tel.: and Biskop Gunnerus gate 14A PO Box 1 Sentrum, NO-0051 Oslo, Norway BRN: Tel.: This Agreement covers the digitalisation of paper editions of. The Agreement covers all editions of, from the very first edition until 1 November 2006, when introduced digital archiving. The historical editions have been legally deposited as paper copies in accordance with the Norwegian Act relating to the legal deposit of generally available documents (the Norwegian Legal Deposit Act). 2. The purpose of this Agreement is to contractually establish the allocation of expenses in connection with the digitalisation of all paper copies of s editions housed in the National Library of Norway s collections. 3. In the long term the National Library of Norway will digitalise all paper editions of newspapers stored in the library s collections. This will be implemented in accordance with the National Library of Norway s digitalisation strategy. The criteria for prioritisation of digitalisation in the National Library of Norway include demand from users, author anniversaries, and official commemorations, opportunities to obtain co-financing from other institutions or to acquire expanded rights for distribution. 4. In accordance with this Agreement shall pay 50 per cent of the costs relating to digitalisation, and the National Library of Norway shall pay 50 per cent of the costs. A budget shall be drawn up for digitalisation which is approved by both parties to the Agreement. Digital depositing and digitalisation shall replace the current scheme for microfilming of newspapers in the National Library of Norway. The scheme for borrowing microfilm from the Deposit Library shall further be replaced by a digital service. The National Library of Norway will therefore be granted the right to give access to the newspaper in digital form to the deposit library s users/lenders (i.e. other libraries). It is further stipulated that such access should be granted in the libraries premises. Subject to agreement, exceptions may be made to allow specific researchers and others with special permission connected to research and documentation time-limited online access. All other distribution will comply with provisions of the Norwegian Legal Deposit Act and the Norwegian Copyright Act including regulations.

5 Annex 2 31 March The National Library of Norway is responsible for all contact with suppliers and subsuppliers during digitalisation activities. 6. The National Library of Norway and share an ambition of making the digital archive as comprehensive as possible, and of a satisfactory (legible) quality. 7. All addenda and amendments to this Agreement shall be made in writing. 8. The Agreement enters into force as soon as it has been approved and signed by the parties. This Agreement is issued in two copies, with one copy being retained by each of the parties. For

6 Annex 3 31 March 2009 Agreement on establishment and use of digital archive between The National Library of Norway Henrik Ibsensgate 110 PO Box 2674 Solli, NO-0203 Oslo, Norway BRN: Tel.: and Biskop Gunnerus gate 14A PO Box 1 Sentrum, NO-0051 Oslo, Norway BRN: Tel.: Once the digital depositing of newspapers has entered into force, and digitalisation of the newspaper has been partially or fully implemented jointly between the National Library of Norway and, cf. Annexes 1 and 2, the digital material will be housed in the National Library of Norway s digital archive. 2. Subject to further agreement the digital archive may also function as the newspaper publisher s digital archive. 3. Back-up copies If digital newspapers cannot be found in the newspaper publisher s own digital archive, the National Library of Norway will grant the newspaper publisher access to required copies of the lost material from the National Library of Norway s digital archives. The publisher shall bear the actual costs of this service. 4. General archive The newspaper publisher may be granted online access to its digital newspaper editions as a service from the National Library of Norway. Subject to further agreement, in such cases the newspaper publisher shall pay the operating expenses in connection with such a solution. If the newspaper publisher wishes to make special adaptations as part of such a service, the publisher must bear the costs of development and operation of such special adaptations. 5. Production archive In specific cases the National Library of Norway may also function as the newspaper publisher s production archive. This will require the National Library of Norway s services to be directly accessed by the publisher s production system. Required special adaptations of the National Library of Norway s services and expenses connected with such integration must be borne by the newspaper publisher. This also includes operating expenses connected to such special adaptations and for the integration solution. With regard to demands for uptime and response times exceeding the National Library of Norway s own requirements, the newspaper publisher must also bear the associated costs 6. All addenda and amendments to this Agreement shall be made in writing.

7 Annex 3 31 March The Agreement enters into force as soon as it has been approved and signed by the parties. Subsequently the Agreement will be automatically renewed for one year at a time, unless one of the parties wishes to cancel the Agreement. Cancellation shall be effected with at least one month s notice. This Agreement is issued in two copies, with one copy being retained by each of the parties. For