Deed of Gift

  1. Transfer of Ownership

Subject to the terms of this Deed of Gift, ______(“Donor”) hereby irrevocably donates and conveys to the WGBH Educational Foundation and the Library of Congress on behalf of the American Archive of Public Broadcasting ("AAPB")the digital materials described in Exhibit A to this Deed of Gift (the “Donated Materials”) and all metadata related to the Donated Materials (the “Metadata”).Except as otherwise provided herein, Donor reserves and retains any and all rights, title and interest in and to any intellectual property embodied in the Donated Materials.

  1. Copyright
  1. Donated Materials
  1. Current copyright ownership and control

To the best of Donor’sknowledge (check one):

☐a. Donor controls all copyrights in the Donated Materials (i.e., Donor created or acquired the copyrights in all Donated Materials).

☐b. Donor controls some of the copyrights in the Donated Materials (i.e., Donor created or acquired the copyrights in some of the Donated Materials, but other individuals or organizations control some copyrights).

☐c. Donor controls none of the copyrights in the Donated Materials.

Donor shall include any information it may have on the ownership or control of the copyrights in the Donated Materials on Exhibit A.

  1. Assignment of rights (check one):

☐a. Donor irrevocably assigns to AAPB any and all rights, including copyrights, that Donor controls in the Donated Materials.

☐b. Donor makes the Donated Materials available for use subject to the Creative Commons CC0 1.0 Universal License (“no rights reserved”).

☐c. Donorgrants AAPB an irrevocable, non-exclusive, royalty-free worldwide perpetual license for AAPB’s discretionary uses of the Donated Materials, in addition to all uses permitted by law. Such discretionary uses may include but are not limited to cataloging, preservation, copying and migration for preservation and access purposes, exhibition, display, and making works available for non-commercial public access (including online), in accordance with AAPB policy and with applicable law.

Re-use of Donated Materials by patrons (check one if you have selected choice (c)):

☐I. Donor further authorizes AAPB to make the Donated Materials available for re-use by patrons subject to the Creative Commons Attribution license or such otherlicense as is indicated below, if any:

______

(e.g. Attribution - Share Alike (CC BY-SA) 4.0 International; Attribution - No Derivatives (CC BY-ND) 4.0 International; Attribution - Non-Commercial (CC BY-NC) 4.0 International; Attribution - Non-Commercial Share Alike (CC BY-NC-SA) 4.0 International; or Attribution - Non-Commercial No Derivatives (CC BY-NC-ND) 4.0 International)

☐II. Donor does not authorize AAPB to make the Donated Materials available for re-use by patrons.

  1. Metadata

Donor makesthe Metadata accessible under the Creative Commons CC0 1.0 Universal License.

  1. Disposal

AAPB may, in its sole discretion, dispose of any Donated Materials or Metadata not selected for permanent retention.

3. Choice of Law and Jurisdiction

This Deed of Gift is to be governed by, and construed in accordance with, the federal laws of the United States. Any action in regard to the agreement or arising out of its terms and conditions is to be instituted and litigated in the federal courts for the District of Columbia. Accordingly, the Parties submit to the jurisdiction of the federal courts for the District of Columbia.

4. Subsequent Donations

Subsequent donations are subject to the same terms applicable to the Donated Materials under this Deed of Gift. Prior to delivery of any subsequent donation(s),Donor shall (a) provide to AAPB, via email to the AAPB Project Manager, an index or description of the applicable materials and (b) secure AAPB’s approval of the donation(s).

DONOR SIGNATURE:

Donor represents and warrants that it is the sole owner of the Donated Materials to the extent described above; that it has the full right, power, and authority to take the actions described herein; and that the information Donor has provided is accurate. The terms of the Deed of Gift shall apply to all of the Donated Materials described in Exhibit A, as it may be amended from time to time to reflect any subsequent materials that Donor donates to AAPB,and the Metadatanotwithstanding that some Donated Materials may be delivered before or after the date of this Deed of Gift.

For ______:

By: ______

Name:______

Title:______

Date:______

ACCEPTED BY THE WGBH EDUCATIONAL FOUNDATION AND THE LIBRARY OF CONGRESS:

The WGBH Educational Foundation and the Library of Congress hereby accept this gift on behalf of AAPB with appreciation.

For the WGBH Educational Foundation:For the Library of Congress:

By: ______By: ______

Name: ______Name: ______

Title: ______Title: ______

Date: ______Date: ______