Jisc Development Programmes Scoping Report

Prospero
DRAFT Scoping Report
V1July 2006
Question: assuming that the repository service adopts the role of ‘host’ rather than ‘publisher’
(see above), what licence models may be adopted/offered?
Recommendation: We recommend that Prospero offer the following two options.
A model where no licence is given (option 2).
A model whereby the depositor uses the repository service to offer a licence directly to end-users
(option 3).
[See Options in section 5.3 for further details.]
5.4 Terms for the depositor agreement
Question: what issues should be covered in the depositor agreement?
Recommendation: Prospero should base its licence on the longer of the two SHERPA
offerings.
5.5 Terms and conditions of use (user agreement)
Question: What should be included among the terms and conditions of use and how should
these be communicated to users of the repository?
Recommendation: The repository will accept as correct the metadata provided by the
depositor. Thus, the depositor will be responsible for complying with publisher requirements.
Prospero will provide a link to the Romeo database as a source of information about publisher
requirements. The Prospero team will liaise with managers of other repositories with regard to
solutions to this problem.
5.6 Notice and takedown policy
Question: What should be included in the Prospero notice and takedown policy?
Recommendations:
The Prospero 'notice and takedown' policy should:
o
be published prominently on the Prospero website and service;
o
provide clear instructions on how to make a complaint regarding content that is available in
Prospero (i.e. with the information about the sender referred to above, details of where to send
the complaint and a template for notifying Prospero of the complaint).
Responsibility for receiving and responding to complaints should rest with a specific and limited
number of roles on the repository service staff (e.g. repository manager and another). The
incumbents should be authorised to remove from the repository any e-print that is subject to a
relevant and ostensibly legitimate complaint. On receipt of a complaint, repository staff should
seek to identify and remove all versions of the e-print. They should then seek to verify the
identity and authority of the complainant (e.g. if the complaint relates to breach of copyright, the
complaint has been made by the person named as complainant and that the named person is
either the rightsholder or the rightsholder’s agent).
Templates should be created and used to:
o
Acknowledge receipt of a complaint by email and refer the complainant to the ‘takedown’
and ‘put-back’ policies;
o
Advise the depositor that her/his e-print is subject to complaint, the nature of the complaint
and the procedure to be followed if the depositor wishes to have the e-print ‘put back’ into the
repository.
o
Advise the complainant that the E-print has been ‘put back’
1
.
On receipt of a complaint, the Repository manager should search Prospero for any related
versions and examine these to determine whether they contain the material that is subject to
complaint and, if so, should remove these from Prospero along with the version that has been
identified by the complainant.
5.7.1 ‘Put back’ policy
Question: What policy should the repository adopt for putting content back after the depositor
has defended it against complaint?
Recommendation: An e-print subject to complaint should be put back only when: the depositor
satisfies the lawyer acting for the repository service that the complaint is unfounded; and/or an
institution warrants that the e-print contains nothing unlawful and indemnifies the repository
1 Until s/he receives this, the complainant may assume that the e-print has not been ‘put back’.
4
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