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An Ordinance approving a license agreement between the Metropolitan Government, acting by and through the Nashville Public Library, and Ancestry.com Operations, Inc., a Virginia Corporation, to digitize certain library documents and microfilm records.
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WHEREAS, it is to the mutual benefit of Ancestry.com Operations, Inc. and the Metropolitan Government, acting by and through the Nashville Public Library, to digitize certain library documents and microfilm records; and,
WHEREAS, Ancestry.com Operations, Inc. and the Metropolitan Government, acting by and through the Nashville Public Library, have entered into a license agreement, attached hereto and incorporated herein, to digitize certain library documents and microfilm records; and,
WHEREAS, it is to the benefit of the citizens of The Metropolitan Government of Nashville and Davidson County that this license agreement be approved.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:
Section 1. That the license agreement between Ancestry.com Inc. and the Metropolitan Government, acting by and through the Nashville Public Library, to digitize certain library documents and microfilm records, attached hereto and incorporated herein, is hereby approved.
Section 2. That any amendments to this License Agreement shall be approved by resolution of the Metropolitan Council receiving twenty-one affirmative votes.
Section 3. This Ordinance shall take effect from and after its passage, the welfare of the Metropolitan Government of Nashville and Davidson County requiring it.
Agenda Analysis
Analysis
This ordinance approves a license agreement between the Nashville Public Library (“NPL”) and Ancestry.com Operations, Inc. (“Ancestry”), to digitize certain library documents and microfilm records.
Pursuant to the terms of the agreement, NPL will provide Ancestry with copies of historical records. Ancestry will then create digital images from the records and/or digital indexes of the records and images. NPL would grant to Ancestry a license to creates images and indexes from the records. NPL would also grant to Ancestry a non-exclusive, perpetual, irrevocable, sub-licensable, assignable, and transferable, royalty-free right and license to copy, publish, republish, market, distribute, license, create derivative works of, and sell the underlying information contained in the records. Ancestry would grant to NPL the limited, non-exclusive right and license to publish and/or use the images and indexes on NPL’s website (http://www.library.nashville.org) to allow visitors to search the materials after the “exclusive period”, which is defined as three years from the time Ancestry first publishes the materials on the Ancestry Network. NPL may use the indexes during the exclusive period for the benefit of its staff and patrons, may provide access to the materials on site at NPL facilities, and may publish images to NPL’s website upon receipt of the images from Ancestry. NPL would maintain ownership of the records provided to Ancestry.
The term of the agreement begins upon all necessary approvals and extends for 60 months. The agreement may be terminated by either party at any time if the other party is in material breach of its obligations under this agreement if the breach is not cured within 30 days after receipt of written notice of a breach.
A list of the collections considered for the records for the purposes of this agreement is attached to the agreement.