SDR Terms of Deposit
Every depositor is required to sign a deposit agreement before content may be submitted for management in the Stanford Digital Repository. Users of the online deposit system accept the following Terms of Deposit directly in the web-based application.
You can preview and download the Terms of Deposit document.
This FAQ addresses some of the most common questions regarding the Stanford Digital Repository (SDR) Terms of Deposit. If you have additional questions please contact firstname.lastname@example.org.
What is the Terms of Deposit agreement?
You will be asked to agree to the Terms of Deposit when depositing materials (a "Work") into the SDR. Through the Terms of Deposit agreement you will license the Work to Stanford, providing the particular rights that Stanford needs to make the Work accessible and preserve it for the long term.
Before agreeing to the Terms of Deposit, you should review all of the copyrights associated with a Work to ensure that you are able to grant the license it describes.
Who can agree to the Terms of Deposit?
The license granted in the Terms of Deposit must be granted by the primary copyright holder for the work, which is typically the author. While a deposit may contain licensed third party material (see below) you should not deposit material in the SDR unless you are the copyright holder or the copyright holder has given you explicit permission to do so.
How do I know if I am the copyright holder for the Work?
If you are the primary author of the Work, you are probably the copyright holder and able to grant the license described in the Terms of Deposit. If you have an agreement with a publisher, see question 4 below.
If your Work includes third-party materials, like licensed images, media, or software, you need to be sure the license under which you are reusing those materials permits deposit into the SDR. It is not uncommon for a Work to contain multiple embedded copyrights, and you should consider the terms under which those materials are being used. If you have received written permission for reuse of third-party materials you can deposit that documentation as part of your Work.
If your Work is a derivative work based on one or more underlying works, you may need permission from the owner or producer of the underlying work(s) to deposit your Work.
Can I deposit a Work that has been or is expected to be published?
If your Work has been published, you should review your publishing contract as well as any terms of submission that you may have accepted when you submitted your manuscript for publication to ensure that the terms of that agreement do not conflict with the SDR Terms of Deposit. Your publishing agreement may, for example, limit your ability to deposit your materials, restrict the format of the Work that you can deposit, or require an embargo.
Journal articles published by members of the Academic Senate after November of 2020 are covered by Stanford’s Open Access Policy which mandates deposit into the SDR and may also impact your publication agreements. See the Open Access FAQ for more detail on that policy.
Can I deposit materials containing personal identifying information (PII) or personal health information (PHI) that is protected under HIPAA or FERPA
No. Private information, including that protected by HIPAA or FERPA, should not be deposited into the SDR and the Terms of Deposit will ask you to affirm that no such information is included with your Work. It may be possible for you to de-identify or anonymize the information prior to deposit, but it is your responsibility to ensure that your deposit does not violate third party privacy rights. If you cannot anonymize the Work, you should not deposit it into the SDR.
Can I deposit materials containing any information classified by Stanford as High Risk, such as social security numbers
No. High-risk information cannot be deposited in the SDR, and the Terms of Deposit will ask you to affirm that no such information is included with your Work.
Can I deposit material that is covered by an Institutional Review Board (IRB) agreement?
If your IRB does not include permission to share, you should not deposit the material. Questions about sharing should be directed to your IRB.
What does it mean to indemnify Stanford?
Stanford relies on you to accurately represent the Work and the rights associated with it. By indemnifying Stanford, you agree to take responsibility for those representations. If Stanford then uses the Work in a way that this agreement does not explicitly permit, you will not be liable in the event of a complaint by a third party. However, as long as Stanford follows the terms of this agreement, you may be liable in the event of a third-party complaint.