Attachment_1_-_Library's_Response_to_Clarification_Questions_(030ADV18Q0173).pdf

030ADV18Q0173 – Q&A

Copyright Clearance Services – Baseball Americana

# Question Answer

Has a contractor performed similar work to this for the Government in the past?

If available, please provide the incumbent contract number.

Yes, the Library has hired contractors to clear copyright permissions for other Library exhibition projects before.

There is no current contract in place.

The most recent Contract Number is LCLSC17P0019 (Drawing Justice exhibition).

Have any/all of the copyright holders been identified? What information is known about the ownership of material?

All copyright holders need to be researched/identified, to be done by the usual means.

If any sources cannot be identified, what are the consequences? Would I be considered in violation of the contract?

For sources that cannot be identified, the contractor shall document the paper trail as evidence that an effort was made to identify the source.

No, the contractor will not be in violation of the contract for being unable to identify a source if effort is documented to show that the Contractor tried to identify the source.

4 If the licenses are to be signed by a representative of the Library, is there a legal review process, or does the Library sign based on my approval of contracts?

The Library does not enter into licensing agreements or pay licensing fees, only administration fees (preferably nothing) to avoid Most Favored Nations situation. (If the Library were to pay one studio we would have to pay all).

Is all relevant intellectual property is owned / managed by the Library or in the public domain? If that’s the case, I’m not clear on why this work needs to be done.

All relevant material is in the Library’s collections; however, we do not own the copyright. The material that needs clearance is not in the public domain.

Since the Contractor must negotiate clearance without fees, does that suggest that the Library will not pay licensing fees? If that’s the case, what is the plan for rights-managed material that requires licensing fees? Or, again, is all of the material owned / managed by the Library or in the public domain? If I license fees will be paid, what is the licensing budget for this project?

See answer to question number #4 above. The Library may only pay administration fees. The Contractor shall stress the educational nature of the exhibition, which is free to the public, and that it will be viewed on site only as part of the negotiation process, to acquire rights free of charge (or with

030ADV18Q0173 – Q&A

Copyright Clearance Services – Baseball Americana

# Question Answer a minimal fee).