Agreement (Deed of Gift)
consideration of mutual benefits, Elbert
Marvel, later called PERSON, and the
Quill College Archives, later called COLLEGE, enter into this agreement for access, use, disposition, and ownership of the PERSON’S PAPERS, later called PAPERS.
COLLEGE shall: have ownership of PAPERS upon receipt, store PAPERS according to accepted archival standards, catalog them, and prepare finding aids to assure ease of access to PAPERS.
At the time of their presentation to the COLLEGE, PERSON will designate all boxes or folders of PAPERS as either Unrestricted or Restricted.
A. UNRESTRICTED PAPERS:
1. All PAPERS not specifically designated Restricted, shall be Unrestricted. It is specifically understood that news releases, speeches, newspaper clippings, photographs, commonly available publications, and like materials of a public nature in the donated property are Unrestricted, even if found in boxes designated by PERSON as Restricted.
2. At time of receipt PERSON transfers both property rights and all copyrights he/she may own in Unrestricted PAPERS to COLLEGE. COLLEGE will permit free public access to, quotation from, and publication of these unrestricted PAPERS.
B. RESTRICTED PAPERS:
1. PERSON hereby reserves any copyrights he/she possesses in and the right to control access to Restricted PAPERS which have been turned over to COLLEGE by PERSON and which by their year date are less than 50 years old provided, however, that COLLEGE shall have access to PAPERS at all times solely for the purposes of listing, cataloging, storing, and preserving them. The restricted papers shall consist of all architectural drawings of buildings not owned by the COLLEGE.
2. PERSON reserves to him/herself the right of access to and use of Restricted PAPERS. Except as noted in paragraph II.B.1., COLLEGE shall only allow access to and use of Restricted PAPERS by other persons approved in writing by PERSON. Persons granted such access by PERSON may quote or publish from the PAPERS under the fair use provision of the copyright law, provided that they shall signify understanding of and due regard for legal and ethical considerations including matters of copyright, invasion of privacy, libel, slander, and accurate attribution of sources. For quotation or publication beyond the fair use provision of the copyright law, written approval of PERSON or his/her designee must be secured by said persons prior to such quotation or publication.
3. PERSON may, during his/her lifetime, name one or more persons who shall have the unrestricted right of access to and use of Restricted PAPERS, and shall keep COLLEGE advised at all times of the name(s) of said person(s).
4. Restrictions as specified in Sections II. B. concerning use of said PAPERS shall cease for all PAPERS which by their year dates are more than NUMBER (–) years old—or, regardless of the age of the PAPERS, upon the death of PERSON—and COLLEGE shall acquire all rights (including all copyrights owned by PERSON, and the right to control access) in and to the same. Moreover, PERSON may at any time authorize earlier free public access to any or all of restricted PAPERS as PERSON shall in his/her judgment deem appropriate. Once restrictions lapse, PERSON, his/her heirs and assigns, shall have no further legal interest therein nor right to control their disposition or use.
5. PERSON shall save COLLEGE and hold it harmless from liability from any use of the Restricted PAPERS, or any quotation or publication based on them, without written permission of PERSON, if COLLEGE has followed procedures established according to this agreement.
(Check one based on previous conversation with donor:)
If COLLEGE chooses not to permanently retain some of the PAPERS which it accepts, then it shall offer to return such PAPERS to PERSON; however, if PERSON does not accept such PAPERS within 90 days of their being tendered to it, COLLEGE may dispose of them.
This agreement shall be binding upon and ensure to the benefit of the heirs, assigns, and legatees of the parties hereto.
Staff Member, Title Date