A5.3 Repository has specified all appropriate aspects of acquisition, maintenance, access, and withdrawal in written agreements with depositors and other relevant parties.
The deposit agreement specifies all aspects of these issues that are necessary for the repository to carry
out its function. There may be a single agreement covering all deposits, or specific agreements for each
deposit, or a standard agreement supplemented by special conditions for some deposits. These special
conditions may add to the standard agreement or override some aspects of the standard agreement.
Agreements may need to cover restrictions on access and will need to cover all property rights in the
digital objects. Agreements may place responsibilities on depositors, such as ensuring that Submission
Information Packages (SIPs) conform to some pre-agreed standards, and may allow repositories to refuse
SIPs that do not meet these standards. Other repositories may take responsibility for fixing errors in SIPs.
The division of responsibilities must always be clear. Agreements, written or otherwise, may not always
be necessary. The burden of proof is on the repository to demonstrate that it does not need such
agreements—for instance, because it has a legal mandate for its activities.
An agreement should include, at a minimum, property rights, access rights, conditions for withdrawal,
level of security, level of finding aids, SIP definitions, time, volume, and content of transfers. One
example of a standard to follow for this is the CCSDS/ISO Producer-Archive Interface Methodology
Evidence: Submission agreements/deposit agreements/deeds of gift; written standard operating
My sense is that two main sets of documents are relevant to this TRAC requirement.
One document is the deposit agreement we use for unsolicited, "drive-by" deposits where content comes to us unsolicited. In this case the agreement is between ICPSR and the depositor, and s/he grants us several rights to the content, such as the right to replicate for preservation purposes, but notably, not copyright.
The other is the set of documents that ICPSR (via the U-M and ISR) signs with agencies and foundations to preserve and disseminate specific collections of content. These tend to be much larger documents, often including language that runs well beyond "basic" digital preservation, such as detailed requirements and rules for how the content is to be curated before it even enters the repository.