Draft membership agreement

13 Feb 2014
Groups audience: 

Hi all,

It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them, but In the spirit of openness, I am sharing an initial draft with all of you. 

You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

I would appreciate your comments by the end of next week (21 Feb.)

cheers,
 
-m. 

 

 

  • Walter Stewart's picture

    Author: Walter Stewart

    Date: 18 Feb, 2014

    Mark, I am happy to sign the agreement on behalf of Research Data Canada.

    Walter

    WS Walter Stewart & Associates Inc.

    www.walterstewartassociates.com

    telephone-416-406-4334 facsimile-416-461-9877

    ws@walterstewartassociates.com

    From: parsom3=rpi.edu@rda-groups.org [mailto:parsom3=rpi.edu@rda-groups.org] On Behalf Of Mark Parsons
    Sent: February 13, 2014 3:56 PM
    To: RDA Organisational Advisory Board (OAB)
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them , but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
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  • Fabrizio Gagliardi's picture

    Author: Fabrizio Gagliardi

    Date: 18 Feb, 2014

    Thanks Mark, I assume that BSC is OK having already signed the agreement. I am pleased to notice that the list of candidates is rapidly increasing and with prestigious institutions.

    Best regards,

    Fab

    From: parsom3=rpi.edu@rda-groups.org [mailto:parsom3=rpi.edu@rda-groups.org] On Behalf Of Mark Parsons
    Sent: 13 February 2014 21:56
    To: RDA Organisational Advisory Board (OAB)
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them , but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post: https://www.rd-alliance.org/mailinglist/unsubscribe/1311

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  • Peter Pissierssens's picture

    Author: Peter Pissierssens

    Date: 19 Feb, 2014

    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference between organisational members and affiliated members? I ca no longer find reference to affiliated members in the RDA web site under “Organization”. On the other hand I see that there were 2 organisations that proposed an MoU (ORCID and ICSU WDS). Have those been confirmed or are they still under discussion?
    I also see that IODE is considered as Affiliate member. So if the membership type “Affiliate member” is still valid then is there a draft agreement available for that?

    Regarding the draft organisational agreement what seems to be missing is the duration of the agreement. In lines 63 and 64 it says “may be continually renewed as long as agreed by both parties”. I am not a lawyer but I think you should state that the agreement is automatically renewed with one year at the end of each year unless one of the parties sends notice by 30 November. The termination terms are covered in 67-68 and 69-72 but in the latter no notice period is mentioned. I think there should also be a Dispute settlement clause: under what laws of what country will RDA operate?
    What also seems to be missing is an article on copyright/intellectual property rights covering any document prepared under the RDA umbrella.
    peter

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Mark Parsons >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)" >
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them, but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post: https://www.rd-alliance.org/mailinglist/unsubscribe/1311

  • Amy Nurnberger's picture

    Author: Amy Nurnberger

    Date: 19 Feb, 2014

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement
    clause: should such a clause be included it is the habit of my
    organization to strike and/or rewrite it after a lengthy period of
    consideration. With the caveat that I am not a lawyer, is this type of
    clause necessary to this agreement? Thank you for taking into
    consideration the challenges to the agreement timeline and difficulties
    that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:
    > Hello Mark,
    >
    > Thanks for the hard work. I have a few questions. What is now the
    > difference between organisational members and affiliated members? I ca
    > no longer find reference to affiliated members in the RDA web site
    > under “Organization”. On the other hand I see that there were 2
    > organisations that proposed an MoU (ORCID and ICSU WDS). Have those
    > been confirmed or are they still under discussion?
    > I also see that IODE is considered as Affiliate member. So if the
    > membership type “Affiliate member” is still valid then is there a
    > draft agreement available for that?
    >
    > Regarding the draft organisational agreement what seems to be missing
    > is the duration of the agreement. In lines 63 and 64 it says “may be
    > continually renewed as long as agreed by both parties”. I am not a
    > lawyer but I think you should state that the agreement is
    > automatically renewed with one year at the end of each year unless one
    > of the parties sends notice by 30 November. The termination terms are
    > covered in 67-68 and 69-72 but in the latter no notice period is
    > mentioned. I think there should also be a Dispute settlement clause:
    > under what laws of what country will RDA operate?
    > What also seems to be missing is an article on copyright/intellectual
    > property rights covering any document prepared under the RDA umbrella.
    > peter
    >
    >
    >
    > Peter Pissierssens
    > Head, IOC Project Office for IODE & IODE Programme Manager
    > UNESCO/IOC Project Office for IODE
    > Wandelaarkaai 7/61
    > 8400 Oostende BELGIUM
    > Tel: +32 59 34 01 58
    > Fax: +32 59 79 52 20
    > E-mail: p.pissierssens@unesco.org
    > URL: http://www.iode.org
    >
    >
    >
    > From: Mark Parsons >
    > Reply-To: "rda-oab@rda-groups.org "
    > >
    > Date: Thursday, 13 February 2014 21:56
    > To: "RDA Organisational Advisory Board (OAB)" >
    > Subject: [rda-oab] Draft membership agreement
    >
    > Hi all,
    >
    > It was agreed in out telecon last week that I would start negotiating
    > a member agreement with the 10 organisations who have signed the
    > letter of intent. This is particularly addressed to them
    > ,
    > but In the spirit of openness, I am sharing an initial draft with all
    > of you.
    >
    > You can get a copy at
    > https://www.rd-alliance.org/filedepot/folder/157?fid=403
    >
    > Please review and comment and let me know if this is something your
    > organisation can sign. I tried to make it reasonably clear and formal
    > but also simple and non-threatening.
    >
    > Also please advise if you would prefer the subscription model as
    > opposed to signing a membership agreement.
    >
    > I would appreciate your comments by the end of next week (21 Feb.)
    >
    > cheers,
    > -m.
    >
    > --
    > Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    > Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    > Stop emails for this post:
    > https://www.rd-alliance.org/mailinglist/unsubscribe/1311
    >
    >
    >
    > --
    > Full post: http://www.rd-alliance.org/draft-membership-agreement.html
    > Manage my subscriptions: http://www.rd-alliance.org/mailinglist
    > Stop emails for this post:
    > http://www.rd-alliance.org/mailinglist/unsubscribe/1311

  • Jamie Shiers's picture

    Author: Jamie Shiers

    Date: 19 Feb, 2014

    Yes, mine and others too, as previously discussed.

    I suggest to leave it accepting that it will in some cases be struck.

    Cheers, Jamie

    -------- Original message --------
    From: Amy Nurnberger
    Date: 19/02/2014 16:48 (GMT+01:00)
    To: rda-oab@rda-groups.org
    Cc: "Spears, Tobias W" ,Sergey Belov
    Subject: Re: [rda-oab] Draft membership agreement

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement clause: should such a clause be included it is the habit of my organization to strike and/or rewrite it after a lengthy period of consideration. With the caveat that I am not a lawyer, is this type of clause necessary to this agreement? Thank you for taking into consideration the challenges to the agreement timeline and difficulties that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:
    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference between organisational members and affiliated members? I ca no longer find reference to affiliated members in the RDA web site under “Organization”. On the other hand I see that there were 2 organisations that proposed an MoU (ORCID and ICSU WDS). Have those been confirmed or are they still under discussion?
    I also see that IODE is considered as Affiliate member. So if the membership type “Affiliate member” is still valid then is there a draft agreement available for that?

    Regarding the draft organisational agreement what seems to be missing is the duration of the agreement. In lines 63 and 64 it says “may be continually renewed as long as agreed by both parties”. I am not a lawyer but I think you should state that the agreement is automatically renewed with one year at the end of each year unless one of the parties sends notice by 30 November. The termination terms are covered in 67-68 and 69-72 but in the latter no notice period is mentioned. I think there should also be a Dispute settlement clause: under what laws of what country will RDA operate?
    What also seems to be missing is an article on copyright/intellectual property rights covering any document prepared under the RDA umbrella.
    peter

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Mark Parsons >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)" >
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them, but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post: https://www.rd-alliance.org/mailinglist/unsubscribe/1311

    --
    Full post: http://www.rd-alliance.org/draft-membership-agreement.html
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    Stop emails for this post: http://www.rd-alliance.org/mailinglist/unsubscribe/1311

  • Peter Pissierssens's picture

    Author: Peter Pissierssens

    Date: 19 Feb, 2014

    Colleagues
    I certainly do not insist that the dispute clause is included but jus wanted to make sure it was not forgotten about (and included at a later stage)
    P

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Jamie Shiers >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Wednesday, 19 February 2014 17:10
    To: "rda-oab@rda-groups.org" >
    Cc: "Spears, Tobias W" >, Sergey Belov >
    Subject: Re: [rda-oab] Draft membership agreement

    Yes, mine and others too, as previously discussed.

    I suggest to leave it accepting that it will in some cases be struck.

    Cheers, Jamie

    -------- Original message --------
    From: Amy Nurnberger >
    Date: 19/02/2014 16:48 (GMT+01:00)
    To: rda-oab@rda-groups.org
    Cc: "Spears, Tobias W" >,Sergey Belov >
    Subject: Re: [rda-oab] Draft membership agreement

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement clause: should such a clause be included it is the habit of my organization to strike and/or rewrite it after a lengthy period of consideration. With the caveat that I am not a lawyer, is this type of clause necessary to this agreement? Thank you for taking into consideration the challenges to the agreement timeline and difficulties that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:
    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference between organisational members and affiliated members? I ca no longer find reference to affiliated members in the RDA web site under “Organization”. On the other hand I see that there were 2 organisations that proposed an MoU (ORCID and ICSU WDS). Have those been confirmed or are they still under discussion?
    I also see that IODE is considered as Affiliate member. So if the membership type “Affiliate member” is still valid then is there a draft agreement available for that?

    Regarding the draft organisational agreement what seems to be missing is the duration of the agreement. In lines 63 and 64 it says “may be continually renewed as long as agreed by both parties”. I am not a lawyer but I think you should state that the agreement is automatically renewed with one year at the end of each year unless one of the parties sends notice by 30 November. The termination terms are covered in 67-68 and 69-72 but in the latter no notice period is mentioned. I think there should also be a Dispute settlement clause: under what laws of what country will RDA operate?
    What also seems to be missing is an article on copyright/intellectual property rights covering any document prepared under the RDA umbrella.
    peter

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Mark Parsons >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)" >
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them, but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post: https://www.rd-alliance.org/mailinglist/unsubscribe/1311

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  • Mark Parsons's picture

    Author: Mark Parsons

    Date: 19 Feb, 2014

    Friends,

    Thanks for the input. I have got additional input independently. I will summarize the input and modify the document later this week.

    But first a few points of clarification.

    This member agreement is for Organisational Members. Organisational affiliates are handled with an MOU. The distinction between the two is described in the OM Process Document you all have been working on lately:
    https://www.rd-alliance.org/filedepot/folder/172?fid=391

    Right now we have a solid draft MOU with CODATA that just needs to be endorsed by the respective bodies and signed. We have also started MOU discussions with DataCite. There may be some other discussions with other groups prior to my active involvement. Those MOUs are negotiated independently from member agreements.

    Finally, regarding IP. I wanted to avoid saying much about it in the member agreement, which is intended to be lightweight and harmless. It is an area lawyers could go wild with. The issue is partly addressed through the proposed RDA Output policy, which has RDA owning very little, essentially just documents. It takes a norms based approach to ensuring ethical contributions and use of those documents. See:
    https://www.rd-alliance.org/request-comment-draft-rda-output-and-ip-poli...

    cheers,

    -m.
    On Feb 19, 2014, at 9:14 AM, p_pissierssens > wrote:

    Colleagues
    I certainly do not insist that the dispute clause is included but jus wanted to make sure it was not forgotten about (and included at a later stage)
    P

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Jamie Shiers >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Wednesday, 19 February 2014 17:10
    To: "rda-oab@rda-groups.org" >
    Cc: "Spears, Tobias W" >, Sergey Belov >
    Subject: Re: [rda-oab] Draft membership agreement

    Yes, mine and others too, as previously discussed.

    I suggest to leave it accepting that it will in some cases be struck.

    Cheers, Jamie

    -------- Original message --------
    From: Amy Nurnberger >
    Date: 19/02/2014 16:48 (GMT+01:00)
    To: rda-oab@rda-groups.org
    Cc: "Spears, Tobias W" >,Sergey Belov >
    Subject: Re: [rda-oab] Draft membership agreement

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement clause: should such a clause be included it is the habit of my organization to strike and/or rewrite it after a lengthy period of consideration. With the caveat that I am not a lawyer, is this type of clause necessary to this agreement? Thank you for taking into consideration the challenges to the agreement timeline and difficulties that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:
    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference between organisational members and affiliated members? I ca no longer find reference to affiliated members in the RDA web site under “Organization”. On the other hand I see that there were 2 organisations that proposed an MoU (ORCID and ICSU WDS). Have those been confirmed or are they still under discussion?
    I also see that IODE is considered as Affiliate member. So if the membership type “Affiliate member” is still valid then is there a draft agreement available for that?

    Regarding the draft organisational agreement what seems to be missing is the duration of the agreement. In lines 63 and 64 it says “may be continually renewed as long as agreed by both parties”. I am not a lawyer but I think you should state that the agreement is automatically renewed with one year at the end of each year unless one of the parties sends notice by 30 November. The termination terms are covered in 67-68 and 69-72 but in the latter no notice period is mentioned. I think there should also be a Dispute settlement clause: under what laws of what country will RDA operate?
    What also seems to be missing is an article on copyright/intellectual property rights covering any document prepared under the RDA umbrella.
    peter

    Peter Pissierssens
    Head, IOC Project Office for IODE & IODE Programme Manager
    UNESCO/IOC Project Office for IODE
    Wandelaarkaai 7/61
    8400 Oostende BELGIUM
    Tel: +32 59 34 01 58
    Fax: +32 59 79 52 20
    E-mail: p.pissierssens@unesco.org
    URL: http://www.iode.org

    From: Mark Parsons >
    Reply-To: "rda-oab@rda-groups.org" >
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)" >
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a member agreement with the 10 organisations who have signed the letter of intent. This is particularly addressed to them, but In the spirit of openness, I am sharing an initial draft with all of you.

    You can get a copy at https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your organisation can sign. I tried to make it reasonably clear and formal but also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post: https://www.rd-alliance.org/mailinglist/unsubscribe/1311

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  • Eefke Smit's picture

    Author: Eefke Smit

    Date: 27 Feb, 2014

    STM is happy to sign this,

    Best, Eefke

    Eefke Smit

    International Association of STM Publishers

    Director, Standards and Technology

    smit@stm-assoc.org

    mob: +31 654 321 371

    www.stm-assoc.org

    Van: parsom3=rpi.edu@rda-groups.org [mailto:parsom3=rpi.edu@rda-groups.org]
    Namens Mark Parsons
    Verzonden: woensdag 19 februari 2014 18:40
    Aan: rda-oab@rda-groups.org
    CC: Spears, Tobias W; Sergey Belov
    Onderwerp: Re: [rda-oab] Draft membership agreement

    Friends,

    Thanks for the input. I have got additional input independently. I will
    summarize the input and modify the document later this week.

    But first a few points of clarification.

    This member agreement is for Organisational Members. Organisational
    affiliates are handled with an MOU. The distinction between the two is
    described in the OM Process Document you all have been working on lately:

    https://www.rd-alliance.org/filedepot/folder/172?fid=391

    Right now we have a solid draft MOU with CODATA that just needs to be
    endorsed by the respective bodies and signed. We have also started MOU
    discussions with DataCite. There may be some other discussions with other
    groups prior to my active involvement. Those MOUs are negotiated
    independently from member agreements.

    Finally, regarding IP. I wanted to avoid saying much about it in the member
    agreement, which is intended to be lightweight and harmless. It is an area
    lawyers could go wild with. The issue is partly addressed through the
    proposed RDA Output policy, which has RDA owning very little, essentially
    just documents. It takes a norms based approach to ensuring ethical
    contributions and use of those documents. See:

    https://www.rd-alliance.org/request-comment-draft-rda-output-and-ip-poli...
    tml

    cheers,

    -m.

    On Feb 19, 2014, at 9:14 AM, p_pissierssens
    wrote:

    Colleagues

    I certainly do not insist that the dispute clause is included but jus wanted
    to make sure it was not forgotten about (and included at a later stage)

    P

    Peter Pissierssens

    Head, IOC Project Office for IODE & IODE Programme Manager

    UNESCO/IOC Project Office for IODE

    Wandelaarkaai 7/61

    8400 Oostende BELGIUM

    Tel: +32 59 34 01 58

    Fax: +32 59 79 52 20

    E-mail: p.pissierssens@unesco.org

    URL: http://www.iode.org

    From: Jamie Shiers
    Reply-To: "rda-oab@rda-groups.org"
    Date: Wednesday, 19 February 2014 17:10
    To: "rda-oab@rda-groups.org"
    Cc: "Spears, Tobias W" , Sergey Belov

    Subject: Re: [rda-oab] Draft membership agreement

    Yes, mine and others too, as previously discussed.

    I suggest to leave it accepting that it will in some cases be struck.

    Cheers, Jamie

    -------- Original message --------
    From: Amy Nurnberger
    Date: 19/02/2014 16:48 (GMT+01:00)
    To: rda-oab@rda-groups.org
    Cc: "Spears, Tobias W" ,Sergey Belov

    Subject: Re: [rda-oab] Draft membership agreement

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement clause:
    should such a clause be included it is the habit of my organization to
    strike and/or rewrite it after a lengthy period of consideration. With the
    caveat that I am not a lawyer, is this type of clause necessary to this
    agreement? Thank you for taking into consideration the challenges to the
    agreement timeline and difficulties that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:

    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference
    between organisational members and affiliated members? I ca no longer find
    reference to affiliated members in the RDA web site under "Organization". On
    the other hand I see that there were 2 organisations that proposed an MoU
    (ORCID and ICSU WDS). Have those been confirmed or are they still under
    discussion?

    I also see that IODE is considered as Affiliate member. So if the membership
    type "Affiliate member" is still valid then is there a draft agreement
    available for that?

    Regarding the draft organisational agreement what seems to be missing is the
    duration of the agreement. In lines 63 and 64 it says "may be continually
    renewed as long as agreed by both parties". I am not a lawyer but I think
    you should state that the agreement is automatically renewed with one year
    at the end of each year unless one of the parties sends notice by 30
    November. The termination terms are covered in 67-68 and 69-72 but in the
    latter no notice period is mentioned. I think there should also be a Dispute
    settlement clause: under what laws of what country will RDA operate?

    What also seems to be missing is an article on copyright/intellectual
    property rights covering any document prepared under the RDA umbrella.

    peter

    Peter Pissierssens

    Head, IOC Project Office for IODE & IODE Programme Manager

    UNESCO/IOC Project Office for IODE

    Wandelaarkaai 7/61

    8400 Oostende BELGIUM

    Tel: +32 59 34 01 58

    Fax: +32 59 79 52 20

    E-mail: p.pissierssens@unesco.org

    URL: http://www.iode.org

    From: Mark Parsons
    Reply-To: "rda-oab@rda-groups.org"
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)"
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a
    member agreement with the 10 organisations who have signed the letter of
    intent. This is particularly addressed to them
    , but In the spirit of openness, I am sharing
    an initial draft with all of you.

    You can get a copy at
    https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your
    organisation can sign. I tried to make it reasonably clear and formal but
    also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to
    signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post:
    https://www.rd-alliance.org/mailinglist/unsubscribe/1311

    --
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  • Fabrizio Gagliardi's picture

    Author: Fabrizio Gagliardi

    Date: 27 Mar, 2014

    Hi Mark, to confirm in writing what I said verbally yesterday at the AOB:
    BSC is ready to sign the membership agreement and pay the related invoice.
    Please advise on the next step.

    Thanks and best regards,

    fab

    From: parsom3=rpi.edu@rda-groups.org [mailto:parsom3=rpi.edu@rda-groups.org]
    On Behalf Of Mark Parsons
    Sent: 19 February 2014 17:40
    To: rda-oab@rda-groups.org
    Cc: Spears, Tobias W; Sergey Belov
    Subject: Re: [rda-oab] Draft membership agreement

    Friends,

    Thanks for the input. I have got additional input independently. I will
    summarize the input and modify the document later this week.

    But first a few points of clarification.

    This member agreement is for Organisational Members. Organisational
    affiliates are handled with an MOU. The distinction between the two is
    described in the OM Process Document you all have been working on lately:

    https://www.rd-alliance.org/filedepot/folder/172?fid=391

    Right now we have a solid draft MOU with CODATA that just needs to be
    endorsed by the respective bodies and signed. We have also started MOU
    discussions with DataCite. There may be some other discussions with other
    groups prior to my active involvement. Those MOUs are negotiated
    independently from member agreements.

    Finally, regarding IP. I wanted to avoid saying much about it in the member
    agreement, which is intended to be lightweight and harmless. It is an area
    lawyers could go wild with. The issue is partly addressed through the
    proposed RDA Output policy, which has RDA owning very little, essentially
    just documents. It takes a norms based approach to ensuring ethical
    contributions and use of those documents. See:

    https://www.rd-alliance.org/request-comment-draft-rda-output-and-ip-poli...
    tml

    cheers,

    -m.

    On Feb 19, 2014, at 9:14 AM, p_pissierssens
    wrote:

    Colleagues

    I certainly do not insist that the dispute clause is included but jus wanted
    to make sure it was not forgotten about (and included at a later stage)

    P

    Peter Pissierssens

    Head, IOC Project Office for IODE & IODE Programme Manager

    UNESCO/IOC Project Office for IODE

    Wandelaarkaai 7/61

    8400 Oostende BELGIUM

    Tel: +32 59 34 01 58

    Fax: +32 59 79 52 20

    E-mail: p.pissierssens@unesco.org

    URL: http://www.iode.org

    From: Jamie Shiers
    Reply-To: "rda-oab@rda-groups.org"
    Date: Wednesday, 19 February 2014 17:10
    To: "rda-oab@rda-groups.org"
    Cc: "Spears, Tobias W" , Sergey Belov

    Subject: Re: [rda-oab] Draft membership agreement

    Yes, mine and others too, as previously discussed.

    I suggest to leave it accepting that it will in some cases be struck.

    Cheers, Jamie

    -------- Original message --------
    From: Amy Nurnberger
    Date: 19/02/2014 16:48 (GMT+01:00)
    To: rda-oab@rda-groups.org
    Cc: "Spears, Tobias W" ,Sergey Belov

    Subject: Re: [rda-oab] Draft membership agreement

    Hi, all,

    Regarding Peter's comment on the inclusion of a Dispute settlement clause:
    should such a clause be included it is the habit of my organization to
    strike and/or rewrite it after a lengthy period of consideration. With the
    caveat that I am not a lawyer, is this type of clause necessary to this
    agreement? Thank you for taking into consideration the challenges to the
    agreement timeline and difficulties that such a clause may pose.

    Best,
    Amy
    _________________________________
    Amy Nurnberger, Research Data Manager
    Center for Digital Research and Scholarship
    Columbia University / 212.851.2827
    E-mail: ANurnberger@columbia.edu
    ORCID: 0000-0002-5931-072X
    Twitter: @DataAtCU

    On 2/19/14 4:06 AM, p_pissierssens wrote:

    Hello Mark,

    Thanks for the hard work. I have a few questions. What is now the difference
    between organisational members and affiliated members? I ca no longer find
    reference to affiliated members in the RDA web site under "Organization". On
    the other hand I see that there were 2 organisations that proposed an MoU
    (ORCID and ICSU WDS). Have those been confirmed or are they still under
    discussion?

    I also see that IODE is considered as Affiliate member. So if the membership
    type "Affiliate member" is still valid then is there a draft agreement
    available for that?

    Regarding the draft organisational agreement what seems to be missing is the
    duration of the agreement. In lines 63 and 64 it says "may be continually
    renewed as long as agreed by both parties". I am not a lawyer but I think
    you should state that the agreement is automatically renewed with one year
    at the end of each year unless one of the parties sends notice by 30
    November. The termination terms are covered in 67-68 and 69-72 but in the
    latter no notice period is mentioned. I think there should also be a Dispute
    settlement clause: under what laws of what country will RDA operate?

    What also seems to be missing is an article on copyright/intellectual
    property rights covering any document prepared under the RDA umbrella.

    peter

    Peter Pissierssens

    Head, IOC Project Office for IODE & IODE Programme Manager

    UNESCO/IOC Project Office for IODE

    Wandelaarkaai 7/61

    8400 Oostende BELGIUM

    Tel: +32 59 34 01 58

    Fax: +32 59 79 52 20

    E-mail: p.pissierssens@unesco.org

    URL: http://www.iode.org

    From: Mark Parsons
    Reply-To: "rda-oab@rda-groups.org"
    Date: Thursday, 13 February 2014 21:56
    To: "RDA Organisational Advisory Board (OAB)"
    Subject: [rda-oab] Draft membership agreement

    Hi all,

    It was agreed in out telecon last week that I would start negotiating a
    member agreement with the 10 organisations who have signed the letter of
    intent. This is particularly addressed to them
    , but In the spirit of openness, I am sharing
    an initial draft with all of you.

    You can get a copy at
    https://www.rd-alliance.org/filedepot/folder/157?fid=403

    Please review and comment and let me know if this is something your
    organisation can sign. I tried to make it reasonably clear and formal but
    also simple and non-threatening.

    Also please advise if you would prefer the subscription model as opposed to
    signing a membership agreement.

    I would appreciate your comments by the end of next week (21 Feb.)

    cheers,

    -m.

    --
    Full post: https://www.rd-alliance.org/draft-membership-agreement.html
    Manage my subscriptions: https://www.rd-alliance.org/mailinglist
    Stop emails for this post:
    https://www.rd-alliance.org/mailinglist/unsubscribe/1311

    --
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    Stop emails for this post:
    http://www.rd-alliance.org/mailinglist/unsubscribe/1311

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