National Digital Information Infrastructure and Preservation Program
(NDIIPP): “The Web at Risk: A Distributed Approach to Preserving
our Nation’s Political Cultural Heritage”
Memorandum of Understanding Between the California Digital Library
and [PARTNER name and institution]
1. Project Summary
This document describes the scope of work, goals, and the roles and responsibilities to be
undertaken by [PARTNER name and institution] as a Curatorial Partner in the
development of National Digital Information Infrastructure and Preservation Program
(NDIIPP): “The Web at Risk: A Distributed Approach to Preserving our Nation’s
Political Cultural Heritage” project during the period beginning December 31, 2004 and
ending December 31, 2007 or at the end of the period of performance of the NDIIPP
grant, whichever occurs later.
The Web-at-Risk project is a 3-year collaborative effort of the California Digital Library,
the University of North Texas, New York University, Stanford University, the Arizona
State Library and four University of California campus libraries. The project will develop
a Web Archiving Service that enables Curatorial Partners to build collections of webpublished materials. The content will be collected largely from U.S. federal and state
government agencies but will also include political policy documents, campaign
literature, and information surrounding political movements. The Curatorial Partners will
provide feedback on collection tools, including archiving tools, collection planning
framework, assessment tools, and extensibility evaluations. In return, Curatorial Partners
will be provided with tools and a framework to enable them to plan, build, and assess
web-based collections for use by their institution and its patrons. As part of the CDL’s
commitment to this partnership, the CDL will continue to provide to Curatorial Partners
updates to tools created for the Web-at-Risk project for as long as the CDL creates such
updates.
The Curatorial Partners will each use the tools created by the project to build at least one
collection of web materials. These materials will eventually be stored in the UC
Libraries Digital Preservation Repository or in a local repository as agreed upon by CDL
and Curatorial Partner jointly, and a copy of each collection will transferred by the CDL
to the Library of Congress (see section 5 below).
2. Overview of Project Activities and Goals
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The goal for the CDL and its Curatorial Partners is to develop partnerships that will
work toward the development of a successful web-archiving service. Specific
deliverables and timelines for each Curatorial Partner are spelled out in Section 4. below.
The following goals will be achieved through the activities undertaken in these
partnerships:
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A web archiving service that will enable Curatorial Partners to build, manage and
make accessible collections of web-based materials. This includes the providing
the ability to perform the following activities related to archiving web based
content: collect, monitor, QA, manage, describe, search, browse, display, store,
preserve and manage rights.
A “Common Collection Planning Framework” developed by CDL and UNT for
use by the Curatorial Partners to plan collections. Completion of structured
surveys by Curatorial Partners will aid in the development of this Framework.
Collections of political and government information from the web built using the
tools developed in the course of this project.
A Framework for Analyzing Web Crawls developed by CDL. The results of web
crawls specified by Curatorial Partners will be analyzed using this Framework.
A User Needs Assessment Toolkit for Web Archiving, developed by CDL and
UNT, which will enable Curatorial Partners to conduct assessments of user and
curator needs. In the course of this project, Curatorial Partners will use and
facilitate the use of this toolkit, including providing feedback.
Creation of case studies for use in CDL final report to Library of Congress.
Best practices, identified by CDL and UNT and provided in the final report to the
Library of Congress.
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3. Deliverables, Deadlines, and Responsibilities
3.1.
In regard to the activities of Curatorial Partners in the Web-at-Risk project,
CDL will provide Curatorial Partners with the following tools, guidelines,
deliverables, and reports:
 CDL conducts sample crawls. Summer/Fall 2005
 CDL analyzes sample crawls for Curatorial Partners and creates summary
report of crawl data analysis for Curatorial Partners. October 2005
 CDL gives Curatorial Partners in-progress versions of crawler and analyzer
tools for feedback. Spring 2006
 CDL gives Curatorial Partners basic crawler and analyzer tools for feedback.
June 2006
 CDL gives Curatorial Partners Curator User Interface for feedback.
December 2006
 CDL asks Curatorial Partners for input on November town meeting exploring
extensibility issues. October 2007
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
UNT and CDL issue final reports to Library of Congress, of which Curatorial
Partners receive copies. December 2007
3.2.
In regard to the activities of Curatorial Partners in the Web-at-Risk project,
UNT will provide Curatorial Partners with the following tools, guidelines,
deliverables, and reports:
 UNT supplies initial assessment survey to Curatorial Partners. May 2005
 UNT gives Curatorial Partners Common Collection Planning Framework for
feedback. January 2006
 UNT gives Curatorial Partners final Common Collection Planning
Framework. February 2006
 UNT gives Curatorial Partners template for case studies. September 2006
 UNT gives Curatorial Partners Structured Survey of Archive Implementation.
June 2007
 UNT and CDL issue final reports to Library of Congress, of which Curatorial
Partners receive copies. December 2007
3.3.
Curatorial Partners will provide CDL and UNT with the following
deliverables:
 Curatorial Partners complete initial assessment surveys provided by UNT.
July 15, 2005
 Curatorial Partners supply CDL with sample domains for use in test crawls.
August 2005
 Curatorial Partners deliver draft collection plans and receive feedback from
CDL and UNT. June 2006
 Curatorial Partners deliver final collection plans to UNT. July 2006
 Curatorial Partners start building collections, including identifying permanent
sites to crawl. August 2006
 Curatorial Partners start work on case studies, using template provided by
UNT. September 2006
 Curatorial Partners deliver case studies. June 2007
 Curatorial Partners complete second survey, Structured Survey of Archived
Implementation, regarding costs and feasibility. August 2007
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Curatorial Partners finish building collections, which will be stored in the UC
Libraries Digital Preservation Repository or in a local repository as agreed
upon by CDL and Curatorial Partner jointly. Collections will be delivered to
Library of Congress by CDL. August 2007
4. Budget
The CDL will not provide funds to Curatorial Partners for this project. Curatorial Partners
are responsible for any costs incurred as a result of participating in this project.
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5. Communications
Communications between the CDL and UNT and the Curatorial Partners as well as
between Curatorial Partners will be primarily conducted via email, listserv, conference
calls, and other forms of communication allowing each Curatorial Partner to participate
from their own location. There are expected to be no more than on annual in-person
meeting, usually held at the CDL in Oakland, beginning with the curatorial partner kickoff meeting in May 2005.
6. Access or Transfer of Content
The Curatorial Partners will provide access to or periodically transfer to the CDL a copy
of the content collected in conjunction with this project (hereafter known as “collected
content”). The timing, manner, and format of access to or transfers of such content will
be finalized during the period of performance of the Web-at-Risk project.. Access to or
transfer of collected content from Curatorial Partners will be accompanied by a delivery
of transfer documentation, including a content inventory, the form of which will be
provided by the CDL to the Curatorial Partners prior to the initial transfer of such
content.
If at any time during the duration of the project or thereafter, a Curatorial Partner intends
to cease storing, maintaining or preserving collected content, a copy of which has not yet
been transferred to the CDL, the Curatorial Partner shall promptly give notice to the CDL
and transfer a copy of such content to the CDL.
7. Intellectual Property
7.1. Licenses/Permissions
Curatorial Partners will secure and maintain copies of all necessary and appropriate
licenses and permissions to enable the parties to undertake activities related to the
acquisition, access, preservation and other uses contemplated by the project. Curatorial
Partners agree to acquire prior to the need therefor all such permissions for use of all
collected content and all third party works and agree that they will not transfer any
content or grant, whether expressly or implicitly, any rights to the Library of Congress or
the CDL if they do not have the necessary rights to do so. In addition, Curatorial Partners
will enter into a written agreement with each provider of collected content, to which the
Library of Congress shall be named as a third party beneficiary, which agreement shall
include covenants by the provider that such provider (i) has the right to provide such
content and to grant the rights necessary for the Curatorial Partners to grant to the Library
of Congress and to the CDL the rights set forth in this section 7, (ii) has provided
reasonable evidence to the Curatorial Partners of such rights, and (iii) will provide the
Library of Congress or the CDL a copy of such evidence upon request.
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Notwithstanding the foregoing, the Library of Congress acknowledges that the nature of
the Web-at-Risk project will require the Curatorial Partners to acquire collected content
pursuant to a “Web-Crawling Protocol”, which is expected to be developed
collaboratively by the CDL and the Library of Congress during the first year of the
project. After such Protocol has been developed, all applicable institutions, including the
Curatorial Partners, will follow the Protocol, as it may be amended from time to time.
Notwithstanding the development of the Protocol and any web-crawling pursuant to the
Protocol or otherwise which any Curatorial Partner performs, Curatorial Partners will be
responsible for any claim of misuse or infringement of any proprietary right brought by
any Person related to or arising out of their own web-crawling.
7.2. Copy and Access for the Library of Congress
The Permissions secured directly or indirectly by Curatorial Partners must include
transfer of ownership of a copy of the collected content to the Library of Congress at no
additional cost. Collected content which becomes part of the Library of Congress’s
collection may be made accessible to Library patrons on the Library’s premises for
preservation as part of the Library’s regular preservation program. As with the other
items in the Library’s collections, the Library’s ownership of these materials extends to
the physical copy only; the Library will make no claim of ownership of any the
intellectual property rights in the collected content, other than the rights granted to the
Library pursuant to this Memorandum of Understanding (MOU).
7.3. Works Created by Third Parties, Collected Under this Award
Neither the Library of Congress nor the Curatorial Partners will at any time assert, claim
or gain rights to third party works under this MOU other than as contemplated pursuant
to this Article 7.
7.4. Certain Warranties
Curatorial Partners agree to use reasonable efforts to ensure that all media delivered to
the CDL under this MOU will be free of defects and materials and workmanship under
normal use for a period of ninety (90) Days following delivery. During such period, the
CDL may return the defective media and the Curatorial Partner entity will promptly
replace the defective media with functionally equivalent new media. Curatorial Partners
agree that (i) to the best of their Key Personnel’s knowledge, each item of collected
content delivered to the CDL under this MOU will be free from any viruses and (ii)
Curatorial Partners will use reasonable efforts to detect and eliminate viruses. For the
purposes of this MOU, “virus” means any virus, worm, hidden file or other code that
replicates, transmits, or activates itself without the control of the person operating the
computing equipment on which it resides and intentionally alters, damages or adversely
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affects any data or computer programs without the control of a person operating the
applicable computing equipment.
8. Use of the Name, Logos, or Trademarks
All uses of the name, logos, or trademarks (or any portion or derivation thereof) of either
Party, or any of such Party’s respective other intellectual property, in any publication,
notice, promotional material, etc. of the other Party, will be governed by the provisions in
this Article 8.
8.1. Press Releases and Public Relations
The CDL will obtain the Library of Congress’s prior written approval of any
announcements, interviews, publications, photographs, or other type of promotional
communication (including postings to websites or otherwise) and, where applicable or
requested, the text thereof, concerning the work of the Web-at-Risk project which any of
the Curatorial Partners wish to release for publication. The Curatorial Partners will not
represent that the Library of Congress endorses the Curatorial Partners or any product or
service produced by the Curatorial Partners. Consistent with 36 CFR 701.35, the
Curatorial Partners shall provide the Library of Congress with advance copies of any
articles referencing the work of the Web-at-Risk project intended for publication in
academic, scientific or technical journals or symposia proceedings or similar works.
8.2. Publications
Notwithstanding Section 8.1, Curatorial Partners shall be free to publish and present the
results of research conducted under this MOU both during the period of performance of
the Web-at-Risk project and thereafter. During the period of performance, Curatorial
Partners shall provide a copy of any such proposed publication or presentation to the
Library of Congress for comment prior to the publication and presentation date. The
Curatorial Partners shall consider in good faith any comments the Library of Congress
makes with regard thereto. After the period of performance of the Web-at-Risk project,
Curatorial Partners shall provide the Library of Congress with advance information
copies of such publications or presentations, provided, however, if a Curatorial Partner is
unable to provide a copy of a publication or presentation before release, it will do so at or
promptly after such release.
8.3 .
Use of the Names, Logos, or Trademarks.
8.3.1. Library. Curatorial Partner recognizes the great value, prestige and
goodwill associated with the names, “Library of Congress,” or “National
Digital Information Infrastructure and Preservation Program,” and any
logo pertaining thereto. Curatorial Partner will not knowingly harm,
misuse, or bring into disrepute the name or logo of the Library of
Congress or the NDIIPP, and further will assist the Library, as it may
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reasonably request in connection with the Web-at-Risk project, in
preserving all rights, integrity and dignity associated with its name.
Subject to the Library’s prior written approval over all aspects of the use
and presentation of the Library’s name and logo, Curatorial Partner may
use the name or logo of the Library of Congress in connection with
publication, distribution, packaging, advertising, publicity and promotion
of the work produced as a result of this MOU. The CDL will coordinate
requests to the Library for use of its name or logo. Notwithstanding the
foregoing, the Library hereby consents to the use of its name and logo as
provided to the Curatorial Partners by the CDL for use on a web site
maintained by the Curatorial Partners in connection with the project.
8.3.2. Curatorial Partner. The Library of Congress recognizes the great value,
prestige and goodwill associated with the name, “[PARTNER name and
institution]” and any logo pertaining thereto. The Library will not
knowingly harm, misuse, or bring into disrepute the name or logo of the
[PARTNER name and institution], and further will assist Curatorial
Partner, as it may reasonably request in connection with the project, in
preserving all rights, integrity and dignity associated with its name.
Subject to Curatorial Partner’s prior written approval over all aspects of
the use and presentation of Curatorial Partner’s name and logo, the Library
may use the name or logo of the [PARTNER name and institution]” in
connection with publication, distribution, packaging, advertising, publicity
and promotion of the work effort, produced as a result of this MOU. The
CDL will coordinate requests from the Library of Congress for use of
Curatorial Partner’s name or logo. Curatorial Partner will have fifteen (15)
business days from receipt of the CDL’s written request to approve or
deny with comment such requests for use of its name or logo.
Notwithstanding the foregoing, Curatorial Partner consents to the use of
its name and logo as provided by the Curatorial Partners to the CDL for
the purposes of this project for use on a web site maintained by the Library
in connection with the Project, internally within the Library, and with the
NDIIPP, and in reports and other materials provided to Congress.
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