Metadata Contribution Terms

These are the Metadata Contribution Terms that DigitalNZ content partners agree to when they join DigitalNZ. They specify either commercial or non-commercial use of metadata.

Metadata Contribution Terms (Commercial Use)

These terms are for DigitalNZ content partners who have agreed to make their metadata available for commercial use.

DigitalNZ would like to encourage all content partners to allow their metadata to be used in commercial endeavours. This means that the metadata (but not your content) can be used in commercial endeavours, including in mobile applications for sale in app stores, for inclusion in subscription databases, and for use in sites that generate revenue. If you do not want your metadata to be available for commercial use then you'll be after the Metadata Contribution Terms (Non-Commercial Use).

Definitions

1. In these terms of use:

‘DIA’, ‘we’, ‘our’, and ‘us’ mean the Department of Internal Affairs, a department of the New Zealand Government;
‘DigitalNZ’ means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;
‘large thumbnail images’ means thumbnail images made by DIA in accordance with clause 3(b) below that are larger than small thumbnail images;
‘metadata’ means any information (text, images or otherwise, including small thumbnail images but excluding large thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items;
‘National Library’ means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA; and.
‘small thumbnail images’ means thumbnail images in the size(s) provided by metadata contributors, whether the images themselves or hyperlinks to them.

Agreement to terms

2. Persons and organisations providing metadata to DigitalNZ for both non-commercial and commercial use are required to agree to these metadata contribution terms. Your contribution of metadata to DigitalNZ will be deemed to constitute your acceptance of these terms, forming a binding agreement with DIA. (We are happy to discuss them with you but please appreciate that they are standard terms that apply to all contributors.)

Intellectual property rights

3. When contributing metadata to DigitalNZ, you grant the Crown a non-exclusive and royalty free licence to:

(a) harvest, copy, cache, and otherwise store the metadata and to publish the metadata in whole or part on DigitalNZ and in web feeds, email notifications and other data feed services;

(b) capture, reproduce, and make available, on DigitalNZ, through one or more DigitalNZ Application Programming Interfaces (APIs) and in web feeds, email notifications and other data feed services, thumbnail images of the content items to which your metadata relates that are larger than the small thumbnail images; and

(i) queried, discovered, cached, bulk-downloaded, copied, distributed and connected with other data sources; and

(ii) utilised in third party websites and applications (whether desktop or mobile in nature) that may be made available for consumption by others, all for both non-commercial and commercial purposes.

4. For the avoidance of doubt, DIA’s right to sublicense metadata, referred to in clause 3(c), does not extend either to large thumbnail images or to the more substantial content on your or third party websites to which the metadata relates. Notwithstanding this clause however, DIA may capture, reproduce and make available under clause 3(c), through one or more DigitalNZ Application Programming Interfaces (APIs), large thumbnail images for the third-party website Kōtuia ngā Kete, sourced only from those DigitalNZ content partners who agree to be part of that service.

5. When contributing metadata to DigitalNZ, you promise that:

(a) you have or your organisation has all relevant rights or permissions to contribute that metadata;

(b) your contributing the metadata and our use of it in the ways specified above will not knowingly infringe the intellectual property or other rights of any third party or amount to a breach of any obligation on your part; and

No harmful metadata

6. You must not contribute metadata that:

(a) contains or installs any virus, worm, malware, Trojan horse, or other harmful or destructive software or code;

(b) is obscene or defamatory;

(d) is otherwise unlawful.

Moderation

7. We do not moderate metadata contributed to DigitalNZ. We reserve the right to suspend or remove access to the whole or any part of your metadata if we consider that you have breached these terms or if the metadata is otherwise unsuitable for DigitalNZ.

Attribution to source

8. We will provide clear attribution to the online source of each content item listed on DigitalNZ to which your metadata relates, in the context of each item, by:

(a) identifying the online source; and

(b) providing a hyperlink to the page on its website containing the content item.

Removal of your metadata

9. We will:

(a) promptly remove your metadata from the DigitalNZ website at your request; and

(b) use reasonable endeavours to require those with an API key to remove that metadata from their websites or applications as soon as is reasonably practicable.

10. You acknowledge that we may not be able to secure the removal of such metadata from, for example, applications containing that metadata that have been downloaded onto personal handheld devices or desktop machines and are not, for whatever reason, updated by the owners of those devices or machines.

Revisions

11. We may amend these terms at any time on giving you 30 days’ notice. We will use reasonable endeavours to provide you with an opportunity to review any proposed changes prior to giving such notice.

Governing law

12. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.

Metadata Contribution Terms (Non-Commercial Use)

These terms are for DigitalNZ content partners who have agreed to be part of DigitalNZ but do not want to make their metadata available for commercial use. If you do want your metadata to be available for commercial use then you'll be after the Metadata Contribution Terms (Commercial Use).

Definitions

1. In these terms of use:

‘DIA’, ‘we’, ‘our’, and ‘us’ mean the Department of Internal Affairs, a department of the New Zealand Government;
‘DigitalNZ’ means the nation-wide project operated by the National Library to help make New Zealand digital content easier to find, share and use, with a website at www.digitalnz.org;
‘large thumbnail images’ means thumbnail images made by DIA in accordance with clause 3(b) below that are larger than small thumbnail images;
‘metadata’ means any information (text, images or otherwise, including small thumbnail images but excluding large thumbnail images) that describes attributes and characteristics of digital content, whether in structured and standard ways or in less structured ways through the use of general descriptions and tagging, and whether at the individual content item level or at the level of a group of content items;
‘National Library’ means the National Library of New Zealand Te Puna Mātauranga o Aotearoa which, in February 2011, was integrated with DIA; and.
‘small thumbnail images’ means thumbnail images in the size(s) provided by metadata contributors, whether the images themselves or hyperlinks to them.

Agreement to terms

2. Persons and organisations providing metadata to DigitalNZ are required to agree to these metadata contribution terms. Your contribution of metadata to DigitalNZ will be deemed to constitute your acceptance of these terms, forming a binding agreement with DIA. (We are happy to discuss them with you but please appreciate that they are standard terms that apply to all contributors.)

Intellectual property rights

3. When contributing metadata to DigitalNZ, you grant the Crown a non-exclusive and royalty free licence to:

(a) harvest, copy, cache and otherwise store the metadata and to publish the metadata in whole or part on DigitalNZ and in web feeds, email notifications and other data feed services;

(b) capture, reproduce and make available, on DigitalNZ, through the DigitalNZ Application Programming Interface (API) and in web feeds, email notifications and other data feed services, thumbnail images of the content items to which your metadata relates that are larger than the small thumbnail images; and

(i) queried, discovered, cached (temporarily stored on other machines and devices for not longer than 30 days) and connected with other data sources; and

(ii) utilised in third party websites and applications (whether desktop or mobile in nature), all for non-commercial purposes.

5. When contributing metadata to DigitalNZ, you promise that:

(a) you have or your organisation has all relevant rights or permissions to contribute that metadata;

No harmful metadata

6. You must not contribute metadata that:

(a) contains or installs any virus, worm, malware, Trojan horse, or other harmful or destructive software or code;

(b) is obscene or defamatory;

(d) is otherwise unlawful.

Moderation

Attribution to source

8. We will provide clear attribution to the online source of each content item listed on DigitalNZ to which your metadata relates, in the context of each item, by:

(a) identifying the online source; and

(b) providing a hyperlink to the page on its website containing the content item.

Removal of your metadata

9. We will promptly remove your metadata from the DigitalNZ website at your request.

Revisions

10. We may amend these terms at any time on giving you 30 days’ notice. We will use reasonable endeavours to provide you with an opportunity to review any proposed changes prior to giving such notice.

Governing law

11. These terms are governed by and to be construed in accordance with the laws of New Zealand and you agree to submit to the jurisdiction of the New Zealand courts.These Metadata Contribution Terms (Commercial Use) (for DigitalNZ content partners) became active on 4 June 2014.

Register of updates to these terms

The Metadata Contribution Terms (for DigitalNZ content partners) first became active on 31 January 2012. They replaced the previous Content Contribution terms of use.
On 5 April 2013 the title of the terms changed to Metadata Contribution Terms (Non-Commercial Use).
In June 2013 we added the Metadata Contribution Terms (Commercial Use) for content partners willing to allow commercial use of their metadata.
In March 2023 we updated clause 4, allowing the capture of large thumbnail images for content partners who are part of the third-party website Kōtuia ngā Kete.