Membership Agreement

[Please note: ALVT has published the text of our membership agreement below. To complete the agreement as part of the membership process, please download the file, fill in the required information, and return it to You will be notified of our receipt of the completed document, and upon approval, receive invoicing for fees, any other pertinent membership information, and login credentials for this site.]

Download the Membership Agreement

Your participation in the Academic Libraries Video Trust (“ALVT”) is an important opportunity for your library community to benefit from access to a growing collection of audiovisual materials, made available for preservation and scholarly purposes. The ALVT project can function successfully only if the project managers and all participating libraries agree to certain terms for contributing to and using the collection.

This Agreement sets forth the terms for your joining ALVT as a participating library and for your having the benefit of ALVT for the preservation and maintenance of audiovisual works in the collections of the participating libraries (“Member Libraries”).

Your library, archive, or other organization (“Library”) is:


  1. The ALVT project is a service with the primary purpose of supporting the preservation of audiovisual works, and potentially other types of works (“AV Works”), in the collections of Member Libraries (references to Member Libraries include your Library). The principal activity of ALVT is to provide a clearinghouse or repository of digital versions of selected AV Works, such as works currently available only in the obsolete VHS format.
  2. Your Library desires to participate in ALVT in order to encourage and facilitate the preservation and appreciation of the educational films, motion pictures, documentaries, and other works that are increasingly out of reach due to obsolete technology or other harm that the works have suffered.
  3. The parties desire to exercise opportunities allowed to libraries and archives for the preservation and replacement of works in their collections, pursuant to the U.S. Copyright Act.
  4. The parties desire to enter into this Agreement in order to set forth the terms on which they may use the ALVT in furtherance of preservation of AV Works and the growth of knowledge.
  5. Accordingly, your Library is entering into this agreement with ALVT, a project of The Video Trust, a Tennessee not-for-profit corporation.

Section 1: ALVT Services

1.1 ALVT Services. For payment of Fees and other consideration, the Library will have the benefit of the following services (“ALVT Services”) during the Term (as defined in Section 4):

  1. Access to ALVT;
  2. The ability to upload copies of AV Works for purposes of retaining secure copies as allowed under copyright law and making them available to other Libraries consistent with this Agreement; and
  3. The ability to download copies of AV Works for purposes of adding them to the Library’s collections consistent with this Agreement.

1.2 Policies and Procedures. All ALVT services will be provided, and the Library will utilize the ALVT Services, in a manner consistent with the policies and procedures of ALVT, which are attached hereto at Schedule B.

1.3 VIDEO TRUST shall not make substantive changes to policies and procedures without first consulting with, and obtaining approval from, a minimum of fifty percent (50%) of member Libraries. VIDEO TRUST shall provide notice to member Libraries of any and all substantive changes prior to implementation.

1.4 Additional Services. VIDEO TRUST may provide additional services in the future, but has no obligation to do so, and additional services may be included within the scope of this Agreement or be subject to separate terms or separate fees or both.

1.5 Authorized Users. The Library will permit only duly authorized librarians or other employees or staff members of the Library to access and use the ALVT Services. The Library understands that the ALVT is not to be accessed or used by the public or by individual users or patrons of the Library. ALVT will enact reasonable measures to restrict its accessibility to Authorized Users.

1.6 Technological Assurances. ALVT shall to the best of its ability ensure that the service has been developed and tested to ensure it is free of malware or instructions that are constructed to damage, interfere with, or otherwise adversely affect user computer programs, data files, or hardware.

Section 2: Fees and Payments

2.1 Fees. As payment in full for the ALVT Services, the Library will pay the following fees (collectively the “Fees”) to VIDEO TRUST:

  1. On or before the Effective Date, the Library will pay to VIDEO TRUST a one-time fee (“Membership Fee”) as specified on the fee schedule (“Fee Schedule”) attached as Exhibit A;
  2. On each Anniversary Date (as defined in Section 4), the Library will pay to VIDEO TRUST a maintenance fee (“Annual Fee”) if so specified on Schedule A; and
  3. The Library will be allowed a number of downloads of AV Works determined by their chosen membership level, as defined in Schedule A. For each additional download from ALVT, the Library will accrue a Service Fee to be added to next Annual Fee due to VIDEO TRUST.

2.2 Credits. With respect to each upload by the Library of an AV Work or other work accepted for inclusion in ALVT, no fee will be due. The Library may receive credits to be applied against the next Annual Fee for making uploads with accompanying due diligence metadata consistent with ALVT policies and procedures, as specified on the Fee Schedule.

2.3 Determination of Fees. VIDEO TRUST may in its sole authority determine the Fees, provided that no change in Fees for the Library will take effect with respect to the Library until the next following Anniversary Date after notification of Fee changes.

2.4 Payment of Fees. The Membership Fee is due in full upon the Effective Date. All other Fees are due and payable upon receipt of an invoice from VIDEO TRUST, and VIDEO TRUST will ordinarily prepare and deliver invoices not more often than annually. VIDEO TRUST may in its discretion prepare and deliver an invoice more often than annually as warranted based on accrued Fees. All Fees will be stated and payable in U.S. dollars. Failure to pay any or all of the Fees within thirty (30) calendar days of the date due can lead to suspension of access to the ALVT Services, at VIDEO TRUST’s discretion.

Section 3: Intellectual Property

3.1 Use of ALVT Services. The Library understands that the ALVT Services are developed and implemented based on specific conditions provided in the U.S. Copyright Act or as otherwise permitted under law.

  1. The Library will adhere to all policies and procedures of ALVT, which are attached hereto at Schedule B, in connection with the use of any ALVT Services.
  2. The Library will comply with the VIDEO TRUST Policies and Procedures and any other policies and procedures of ALVT, all of which are attached hereto at Schedule B.
  3. The Library will not capture, download, or otherwise copy any works or information it might access through the use of the ALVT, other than as part of the intended ALVT Services.
  4. The Library will, in connection with all uses of the ALVT Services, respect the rights and interests of other Member Libraries, users of library collections, as well as the holder of rights with respect to any of the AV Works.
  5. The Library will notify VIDEO TRUST promptly of any unauthorized use of the ALVT or use of the Library’s identifications or passwords.

3.2 VIDEO TRUST Rights in IP. This is an Agreement for access to and use of the ALVT Services, and the Library may use the services and related systems and software only as permitted consistent with this Agreement. The words, logos, and other marks related to “ALVT,” “Academic Libraries Video Trust,” “Video Trust” and other names and terms are the property of VIDEO TRUST and may only be used in a manner consistent with this Agreement.

3.3 Copyright Ownership. Nothing in this Agreement constitutes a transfer of ownership of any copyrights. The parties understand that the ALVT Services are based on the ability of the parties to lawfully use works, the copyrights to which may be held by third parties. To the extent that either of the parties to this Agreement may hold legal rights with respect to any works or data that are created or used in connection with the ALVT Services, such party grants to the other and to all Member Libraries a perpetual, non-exclusive, non-transferable, non-sublicensable license (permission) to use such works or data as reasonably appropriate to effectively use and benefit from the ALVT Services consistent with this Agreement.

3.4 No Right of Removal. The Library understands that it has no right under this Agreement to remove or modify any AV Work, file, metadata, or any work or information after it has been uploaded and made available to be a part of ALVT, whether prepared or contributed by the Library or any other party. However, the Library may request that VIDEO TRUST make or allow such removal or modification. Notwithstanding the foregoing, the Library will inform VIDEO TRUST immediately of any specific work or information available through ALVT that the Library in good faith believes is included in a manner not consistent with this Agreement, or believes the inclusion of which violates any legal rights of third parties.

3.5 Confidentiality. (a) VIDEO TRUST and the Library will take reasonable steps to respect and ensure any privacy interests related to the business, finances, and operations of either party. In the normal operation of ALVT, VIDEO TRUST does not knowingly ask for, receive, or maintain confidential information from or about any Member Library. The Library permits VIDEO TRUST the right to include the name of the Library in public membership lists in publications, or on the website. (b) THE LIBRARY AGREES NOT TO USE THE ALVT SERVICE TO COLLECT, MANAGE, OR PROCESS SENSITIVE INFORMATION. VIDEO TRUST WILL NOT HAVE ANY LIABILITY THAT MAY RESULT FROM THE LIBRARY’S USE OF THE ALVT SERVICE TO COLLECT, MANAGE, OR PROCESS SENSITIVE INFORMATION.

Section 4: Term and Termination

4.1 Term and Renewal. The initial subscription period (“Term”) will commence as of the Effective Date and continue for one (1) calendar year and will be automatically renewed on the same such date in the following year (“Anniversary Date”), with the Term extended annually for a calendar year from and after each Anniversary Date. The Term will expire only in a manner consistent with termination as specified in this Section 4.

4.2 Termination. Either party may terminate this Agreement for any reason or no reason: (i) upon not less than ninety (90) days’ notice to the other party; or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, liquidation, or assignment for the benefit of creditors. If VIDEO TRUST terminates the Agreement pursuant to 4.2(i) during the first three years after the Effective Date, VIDEO TRUST will provide Library with a pro rata refund of any prepaid Membership Fee. VIDEO TRUST may also terminate this Agreement for cause on thirty (30) days’ notice if VIDEO TRUST determines that, after providing written notice thereof and an opportunity to cure, the Library is acting, or has acted, in a way that has or may negatively reflect on or affect VIDEO TRUST, the ALVT Services, or other current or prospective Member Libraries, or has used the ALVT Services in some manner inconsistent with this Agreement.

4.3 Suspension of Service. VIDEO TRUST may immediately suspend the Library’s access to and use of any or all ALVT Services without notice for: (a) use of the ALVT Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, including posting or uploading material that infringes on the copyright or other legal rights of any person or entity; or (b) use of the ALVT Service in a manner inconsistent with this Agreement and the policies and procedures referred to herein.

4.4 No Refunds. In the event that the Term shall come to an end on some date other than an Anniversary Date, the Annual Fee shall be due in full for that year and not be subject to prorating or reimbursement. No prorating or reimbursement will also apply with respect to any suspension of service provided by Section 4.3 or any other provision of this Agreement.

4.5 Effect of Termination. On any expiration or termination of this Agreement, the Library’s ability to access, use, or otherwise benefit from the ALVT Services will terminate immediately, and the Library will cease all use of any ALVT Services. All rights of VIDEO TRUST with respect to the Library will continue until all obligations are fulfilled.

Section 5: Representation and Warranties

5.1 Warranties. This Agreement and the services of ALVT are developed and made available in accordance with applicable provisions of federal and state law of the United States. The Library represents and warrants that: (a) it will adhere to the copyright guidance and other policies and procedures provided by VIDEO TRUST in connection with all uses of the ALVT Services, such guidance, policies and procedures attached hereto at Schedule B; (b) it will use the services of ALVT only within the applicable jurisdiction of the U.S. Copyright Act; and (c) it will at all times during the Term be eligible for and meet the qualifications of a library or archives to exercise opportunities and apply the provisions of Section 108 of the U.S. Copyright Act.

5.2 Limitations. (a) The parties understand and agree that VIDEO TRUST does not and cannot know how the Library or any Member Library will use any AV Work it might add to any Member Library’s collections through the use of ALVT Services. Accordingly, VIDEO TRUST makes no representation or warranty to any party with respect to uses of any AV Work by any Member Library or any user or patron of a Member Library at any time after the AV Work has been received by the Member Library. (b) The parties understand and agree that VIDEO TRUST does not and cannot investigate and confirm the status or facts related to any AV Work that may be made available or utilized in connection with ALVT Services.

Accordingly, VIDEO TRUST makes no representation or warranty to any party with respect to whether any specific AV Work is utilized in compliance with copyright and related law.

Section 6: Indemnification

6.1 Downloading Indemnification. To the fullest extent permitted by applicable law, VIDEO TRUST agrees to defend, indemnify and hold the Library harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) VIDEO TRUST’s breach of this Agreement; (2) use of downloaded materials from the VIDEO TRUST site; and (3) the VIDEO TRUST’s violation of any law or the rights of a third party.

6.2 Uploading Indemnification. To the fullest extent permitted by applicable law, The Library agrees to defend, indemnify and hold VIDEO TRUST harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) The Library’s breach of this Agreement; (2) the Library’s user uploaded content; (3) Library’s gross negligence or willful misconduct in connection with its use of the VIDEO TRUST Service; and (4) the Library’s violation of any law or the rights of a third party.

6.3 Additionally, Video Trust (“VIDEO TRUST”) respects the intellectual property rights of others and expects its users to do the same.  In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at, VIDEO TRUST will respond expeditiously to claims of copyright infringement committed using VIDEO TRUST services if such claims are reported to VIDEO TRUST’s Designated Copyright Agent.

Section 7: Limitations on Liability

7.1 In no event will either party be liable to the other or to any third party for any loss of use, revenue, profit, or loss of data or content, or for any consequential, incidental, indirect, exemplary, special, or punitive damages whether arising out of breach of contract, tort (including negligence), or otherwise, regardless of whether such damage was foreseeable and whether or not service provider has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.

7.2 In no event will either party’s aggregate liability to the other party arising out of or related to this Agreement or the ALVT Services, whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed the aggregate amount of Fees paid to VIDEO TRUST by the Library during the calendar year of the event giving rise to the claim.


Section 8: General Provisions

8.1 Policy Updates. VIDEO TRUST may update and change any part or all of the VIDEO TRUST Policies and Procedures (see Schedule B) and any other policies and procedures adopted by VIDEO TRUST from time to time. The updated policies and procedures will become effective and binding on the next business day after communicated to Member Libraries or as may be explicitly stated otherwise. VIDEO TRUST encourages all Member Libraries to review all policies and procedures periodically. VIDEO TRUST is a nonprofit entity that engages in community governance. Member Libraries are invited to notify VIDEO TRUST with comments and suggestions about policies and procedures.

8.2 Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. Without limitation on other aspects of ALVT Services or other services that VIDEO TRUST may provide, all Member Libraries understand that ALVT is a service that facilitates the implementation of provisions of copyright law, and any possession or use of any AV Work or other work that may be made available through ALVT is only as anticipated in and as an incident to provisions of U.S. copyright law.

8.3 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party person or entity any right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

8.4 Assignment. The Library will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent from VIDEO TRUST. The Library will not permit any other party to exercise any of the Library’s rights under this Agreement with respect to the ALVT Services. In the event that VIDEO TRUST transfers ownership via sale, purchase, acquisition, etc., a digital copy of all works will be placed into a trust managed by an VIDEO TRUST-appointed trustee. The works will be placed into the trust to ensure preservation but may be used in any way deemed fit by the trustee.

8.5 Notices. Notice will be sent to the contact address set forth in this Agreement, or as later provided to the other party in writing, and will be deemed delivered as of the date of actual receipt.

8.6 Governing Law and Venue. This Agreement will be governed by and construed in accordance with the applicable laws of the jurisdiction of the Library, and applicable federal laws of the United States.

8.7 Severability. Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid, such provision will be ineffective only to the extent of such prohibition or invalidity in such jurisdictions without invalidating the remainder of such provision or the remaining provisions of this Agreement.

8.8 Attorneys’ Fees. If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party will be entitled to recover such reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled, as may be awarded by the court or arbitrator.

8.9 Fees and Expenses. Each party will be responsible for its own fees and expenses incurred in connection with this Agreement and the performance of each party’s obligations therein.

IN WITNESS WHEREOF, the parties have duly executed and delivered this Agreement as of the following Effective Date:

Signed: ____________________________________________
Print Name: ________________________________________
Title: ______________________________________________
Address: ___________________________________________
Email: _____________________________________________
Telephone: _________________________________________

By signing below, VIDEO TRUST has approved the acceptance of the Library as a Member Library and agrees to be bound with the Library as a party to this Agreement:

Video Trust:

Signed: ___________________________________________
Print Name: _______________________________________
Title: _____________________________________________

Schedule A

Fee Schedule
Academic Libraries Video Trust Membership Agreement

The following Fee Schedule constitutes Exhibit A to the ALVT Membership Agreement, and it is made a part of and is subject to the terms of the Agreement.


Effective Date:

Founding Benefactor: $10,000 Payable in a single payment. Or $10,500 (payable in 3 installments of $3500 over 3 years). Consortial Rate: $6,000, if more than one consortial member joins.

Founding Benefactor privileges: unlimited downloads, no Annual Fees

Basic Member: $500/year. Consortial Rate: $250/year, if more than one consortial member joins.

Basic Member privileges: download up to 100 files per year (additional downloads will be charged $5 each and added to following year’s Annual Maintenance Fee)

Credits: No credits are available at this membership level.

This Fee Schedule is subject to the terms of the Agreement and is subject to review and modification.

Schedule B

Policies and Procedures
Academic Libraries Video Trust Membership Agreement

ALVT has a principal function of serving the needs of libraries and their users by facilitating preservation and replacement of audiovisual works in accordance with opportunities allowed to libraries and archives pursuant to the U.S. Copyright Act. Each Member Library has entered into a membership agreement and is obligated to follow applicable law and the policies and procedures of the Video Trust (VIDEO TRUST). A Member Library, each time it uploads an AV Work, confirms that it has adhered to the following:

Copyright Procedures for Uploads

Compliance with Section 108(c) requires at least the following:

  • The Member Library qualifies to exercise the benefits of the statute specified in Section 108(a).
  • The AV work is currently in the collections of the library.
  • The library is using the ALVT Services solely in connection with replacing the copy in the collection.
  • The copy in the library’s collection is damaged, deteriorating, lost, or stolen, or the copy in the library is in a format that has become obsolete. 1
  • The library has made a reasonable effort to search for a replacement copy2 and has determined that an unused replacement cannot be obtained at a fair price.3
  • The copy made by the library includes a notice of copyright as it appears on the original work, if there is one, or the copy includes a legend stating that the work may be protected by copyright.
  • The copy in the Member Library’s collection may have copy controls or other technological protection measures that purport to limit the ability of the library to make any copies. Participation in ALVT does not change the library’s obligations with respect to TPMs, and the Member Library is responsible for compliance with TPM requirements or exceptions.

Metadata Procedures

A Member Library uploading an AV Work is required to provide the following metadata, to the extent that it is known to or reasonably available to the library:

  • Title of the work.
  • Publisher and Producer.
  • Publication Date of the original work and of the version in the library’s collection.
  • Format.
  • Local Identifier (in the library’s records).

Metadata may also include results of web searches and any other relevant information.

Video File Upload Specifications

To comply with ALVT specifications, the upload must include:

  • Video length (examples: 130m, 10m 50s, 1h 20m)
  • Files must be less than 4 GB each.
  • Allowed file types: mov, mp4

Copyright Procedures for Downloads

Member Libraries that download a copy of a work from ALVT must also comply with the requirements of Section 108(c), as described above.

For More Information

Please contact This document is comprised within the “VIDEO TRUST Policies and Procedures” referenced in the ALVT Membership Agreement. Please understand that VIDEO TRUST cannot provide legal advice. The information provided here is for information and guidance only, and each Member Library should consult with its legal counsel for legal advice.