Due Diligence

The purpose of this page is to document who has been doing scanning of "due diligence" or "orphan works" titles.

See also: Permissions | Copyright | (c) & due diligence committee | Licensing and Copyright | UC Berkeley Orphan Works Symposium 2012

Definitions

Due diligence
Orphan works
Diligent search

Recommendations for performing Diligent Searches

There are no one-size-fits-all recommendations for performing diligent searches. The kind of work you need to put in to perform a diligent search should be guided by the appropriate authorities at your home institution. No matter what kind of diligent search you do, please DOCUMENT YOUR PROCESS so that we may have sufficient records on file should we ever need to use them.

BHL Members doing Due Diligence Scanning

MBLWHOI

MBLWHOI Due Diligence NonGov.xls1055 items
MBLWHOI Due Diligence Part 2.xls56 items
1111 Total items - 14 invalid items (taken down) - 2 repeats = 1095 total items

MOBOT

Due Diligence.xlsx3 titles, 3 items

NHM

TBD

SIL

SIL_DueDiligence_titles.xls37 titles, 78 items

US Due Diligence Items

Total 1173
File to be uploaded pending resolution of 6 MBLWHOI item IDs

Thoughts on Broader BHL Recommendations

All that is really needed is proof that an institution takes appropriate steps to research and contact the appropriate copyright holder. Thus:

• if the copyright holder doesn't get back to us, we're OK to leave the content up
• if the copyright holder gets back to us and says no problem, we're OK to leave the content up
• if the copyright holder gets back to us and says, hey that's not right, take it down, then we'll just take it down
• if we can't identify the copyright holder to begin with then we document why and we're OK to leave the content up

As far as due diligence recommendations for all BHL, specific institutional case scenarios can inform broader BHL procedures but ea. institution has to follow it's own policies to begin with.

What about ingested items that are post 1922 with no appropriate rights metadata, such as Le monde merveilleux des insects http://biodiversitylibrary.org/bibliography/33983 -- do we care?

See also http://guides.lib.umich.edu/content.php?pid=302339&sid=2478381 -- "This guide will show you how to locate and contact copyright holders and obtain permission to use copyrighted materials."