Agreement for Collecting and Providing Access to Korean Vernacular Materials

Between National Library of Australia and the Australian National University Library

This Agreement is made on the 21 day of August 1996 BETWEEN NATIONAL LIBRARY OF AUSTRALIA a body corporate established under the National Library Act, 1960 of the first part AND THE AUSTRALIAN NATIONAL UNIVERSITY a body corporate established under the Australian National University Act, 1991 of the second part

WHEREAS: The National Library and the University wish to:

(a) cooperate in the collection of Korean vernacular material so as to, where possible, avoid duplication of collections

(b) facilitate effective use of the collections of Korean vernacular material of both institutions.

NOW IT IS AGREED as follows:

1. Definitions

1.1 In this agreement, unless the contrary intention appears:

2. Owner's Rights and Obligations

It is acknowledged that:

(a) each institution is the sole owner of their respective collections of material

(b) participation in this agreement does not imply primacy of any particular client group. Both institutions shall undertake to use all reasonable efforts to support all clients seeking to use their material whether on-site or through interlibrary loan.

(c) nothing in this Agreement is intended to alter the obligation of either party to comply with any relevant legislation including each party's respective enabling legislation and the Copyright Act 1968.

3. Period of Agreement

3.1 This agreement shall remain in force for a period of 3 years from the date of the Agreement or until this Agreement is earlier terminated in accordance with clause 3.4.

3.2 Three months prior to the expiration of the term specified in clause 3.1 either party may give notice that they do not wish to extend the Agreement for a further 3 year period. In the event of extension of the Agreement for an additional period the terms of the Agreement will be reviewed by both parties.

3.3 This agreement shall only be amended in writing signed by both parties.

3.4 Either party may, within ninety days, seek to terminate this Agreement if the party is no longer able to meet the terms of the Agreement or no longer willing to continue with the Agreement.

4. Collecting

4.1 The National Library shall continue to develop and maintain a research level collection of material capable of supporting the needs of postgraduate students and independent researchers. (A G4 Level collection as defined by the Conspectus methodology for collection analysis.) The level of budget commitment will continue to be around $80,000 per annum. In the event the Library is required to vary significantly this level of commitment, it will advise the University ninety days prior to implementation of the decision.

4.2 The National Library's collecting will in the main continue to concentrate on the social sciences, in particular economics, statistics, politics and government, public administration, foreign relations, law and social conditions. Korean history, particularly in the modern period, will remain an area of strength. Major works in the humanities, including language and literature, philosophy and religion and the arts, will continue to be collected.

4.3 The University shall develop and maintain a basic, mainly Western language, reference and study collection that supports undergraduate teaching at the Australian National University.

4.4 In determining future collecting directions for Korean vernacular material, the National Library shall take into account new and emerging research emphases as well as the collecting intentions of other libraries. Advice shall be sought at the national level from relevant academics throughout Australia to help determine new trends. The University shall assist in this process by arranging a meeting between both institutions and relevant researchers at the Australian National University when necessary.

4.5 Neither party guarantees to purchase specific items requested by individual researchers. Decisions on purchase shall be based on cost of the item, budget availability, consistency of request with current collection development policy, and expected level of use.

4.6 Requests for specific items by members of the University shall be referred to the University for possible purchase. The University will liaise with the National Library on the suitability of purchase by the National Library or whether it should be acquired by the University.

5. Bibliographic control

5.1 Both parties shall contribute at least minimal level bibliographic records for new acquisitions of material to the national Chinese Japanese Korean (CJK) System within two months of receipt. Progress on conversion onto the CJK System of holdings of material at the time of this Agreement shall be reviewed annually.

6. Access

6.1 The National Library shall facilitate access to its collection of material by postgraduate students and researchers affiliated with the Australian National University by:

(a) continuing to issue stack passes to allow browsing of its collection of material

(b) continuing to make material available in the Asian Reading Room at the National Library and in the Petherick Reading Room when it is open and the Asian Reading Room is closed

(c) lending material to the University in accordance with the conditions contained in clauses 7.1-7.3.

6.2 The University shall facilitate access to its collection of material by non-University members by:

(a) providing personal, on-site access to the material

(b) allowing material to be borrowed and removed from the University library on payment of a fee

(c) lending material to remote users through the inter-library loan system

7. Loan of material

7.1 Both parties shall supply to the other party material available for loan to clients (see clause 7.4) in accordance with the fees and conditions recommended by the Australian Committee of Library and Information Services (ACLIS) during the life of this Agreement.

7.2 The following conditions shall apply when either party borrows material from the other:

(a) where material is required for longer than the standard loan period of the lending party, on application the period of loan shall be extended by the lending party up to a total of 20 weeks unless the material is required by another client.

(b) material on loan for a period longer than the standard loan period of the lending party shall be subject to a 48 hour recall notice in the event that it is required for use by another client.

(c) each party shall be responsible and accountable for material borrowed from the other party

(d) any loss of, or damage to, material while it is in the control of the borrowing party shall be reported in writing to the other party as soon as it is known about.

(e) any costs incurred by either party in replacing or repairing material lost or damaged while in the control of the borrowing party shall be borne by the borrowing party

(f) in the event that material is lost while in the control of the borrowing party and cannot be replaced the borrowing party shall recompense the other party by an amount to be determined on the basis of the commercial value of the material.

7.3 The following privilege shall apply to the University when it borrows National Library material:

(a) material lent by the National Library to the University can be removed from the University premises by authorised borrowers (as determined by the University) for use in offices and homes. That material shall be deemed to be in the control of the University and the University shall be responsible for its return in good condition by the due date.

7.4 The following categories of material shall not be available for loan from the National Library: - whole unbound serial issues, newspapers, reference works, rare and fragile items. Bound serial volumes and works in microform or microfiche format will be available for loan.

8. Preservation

8.1 Each party shall:

(a) be responsible for the proper handling, storage and treatment of material on loan from the other party and in its control

(b) subject to the terms of this Agreement maintain material on loan from the other party in accordance with any particular directions given to it by the other party

9. Arbitration

9.1 In the event of any dispute or difference arising between the National Library and the University regarding this Agreement which cannot be settled by negotiation between the parties, such dispute or difference shall forthwith be referred for determination, in the Australian Capital Territory, by an arbitrator agreed upon by both parties.

9.2 If the parties are unable to agree upon an arbitrator, the matter shall be dealt with in accordance with the laws relating to arbitration for the time being in force in the Australian Capital Territory.

9.3 The parties may be legally represented in any such arbitration proceedings without leave of the arbitrator.

10. Notices

10.1 Any notice required to be given under, or for the purposes of, this Agreement shall be given in writing and shall be addressed

(a) in the case of the National Library to:

The Director-General
National Library of Australia
Canberra ACT 2600

(b) in the case of the University to:

The University Librarian
Australian National University
Canberra ACT 2601

11. Law

11.1 This Agreement shall be governed by, and shall be construed in accordance with, the laws of the Australian Capital Territory and, in the event of a dispute arising between the National Library and the University, the parties agree to submit to the jurisdiction of the Courts of the Commonwealth in that Territory.


Last updated 18 May 1998

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