Running a Digitisation and Access Programme: A Practitioner's Guide to Diligent Search, Section 108, Risk Tiers, and Takedown
By Casey Scott McKay ·
This guide builds a digitisation and access programme as an operating system rather than a clearance exercise, because clearance at collection scale cannot be completed and a programme premised on it never launches. It starts with the public domain determination, which is the cheapest win and consistently clears more than institutions expect, then the deed of gift review that decides what the institution may actually do. It works the diligent search methodology at collection level with documented sampling, the written fair use assessment that supports the programme, and the accessibility route that is the strongest position available. It then builds the access tiers, the rights metadata that lets material migrate as terms expire, and the takedown operation that is the single most effective risk control. It closes with governance, board approval, and claim tracking.
IP and Technology > Copyright | Guide | Published 24 November 2024 - Updated 27 April 2026 | Casey Scott McKay - marksy.us
Summary. This guide builds a digitisation and access programme as an operating system rather than a clearance exercise, because clearance at collection scale cannot be completed and a programme premised on it never launches. It starts with the public domain determination, which is the cheapest win and consistently clears more than institutions expect, then the deed of gift review that decides what the institution may actually do. It works the diligent search methodology at collection level with documented sampling, the written fair use assessment that supports the programme, and the accessibility route that is the strongest position available. It then builds the access tiers, the rights metadata that lets material migrate as terms expire, and the takedown operation that is the single most effective risk control. It closes with governance, board approval, and claim tracking.
Keywords: digitisation programme · collection level assessment · public domain determination · renewal research · formalities defects · restored foreign works · deed of gift review · diligent search methodology · fair use assessment · section 108 limits · accessibility programme · risk tiers · rights metadata · standardised rights statements · takedown operations · cultural sensitivity review · community consultation · board approval · funder conditions · claim rate tracking
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