Digital Archiving Resources

Ethics, Privacy, Copyright, and Legislation

Title

Ethics, Privacy, Copyright, and Legislation

Description

This collection represents the delicate balance digital archivists seek when designing an archive that preserves and provides access, while also ensuring all parties' right to privacy and intellectual property. Also known as risk management, archives must anticipate potential infringements of intellectual property and privacy rights, and guard the public's right to free and open access. Items in the collection address risk management issues and underscore the necessity for keeping current in legal and ethical archival practices.

Collection Items

Copyright Issues Relevant to the Creation of a Digital Archive: A Preliminary Assessment
Besek explains how the collecting and preserving of digital content poses challenges to the intellectual property rights that libraries and archives are use to following. A balance between copyright owners and users is an ongoing process; therefore,…

Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre1972 Sound Recordings by Libraries and Archives
This report discusses what archives must do in order to provide access to unpublished sound recordings from 1972 and earlier. Unpublished sound recordings may have been created for private use or broadcast, but were not distributed to the public. …

Lawrence Lessig on Copyright Laws at SES Chicago 2008
In this video interview, Lawrence Lessig speaks about the nature of copyright in the digital age. Speaking at the Search Engine Strategies Conference and Expo in Chicago, 2008, Lessig explains that due to our ability to produce infinite and vast…

Do Copyright Laws Stifle Creativity?
Lessig presents a variety of music videos which have been copied and parodied by ordinary people and uploaded to YouTube. One of the parodies features a baby dancing to music protected by copyright, which ultimately led to the publisher’s cease and…

Exploring the Evolution of Access: Classified, Privacy, and Proprietary Restrictions
The three authors of this article discuss three different repositories which house confidential, legally protected content and describe measures each institution takes to balance the archival values of preserving and providing access to its holdings…

The Right to Preserve: The Rights Issues of Digital Preservation
The project's goal was to research how and whether licensed access to digital content and copyright legislation affected the capability of libraries to offer long-term availability to that specific content, and to advise possible answers for any…

Acquiring Copyright Permission to Digitize and Provide Open Access to Books
Scholarly communications librarian Denise Troll Covey elaborates the difficulties and challenges of digitizing and providing access to books. Reporting on three separate studies sponsored wholly or in part by the Carnegie Mellon University Libraries,…

Bibliographic Indeterminacy and the Scale of Problems and Opportunities of “Rights” in Digital Collection Building
John P. Wilkin, executive director of HathiTrust and associate research librarian for the University of Michigan, provides an in-depth report on the current percentages of published works that are at various stages of public domain and in-copyright.…

Legal issues relating to the archiving of Internet resources in the UK, EU, USA and Australia: A study undertaken for the JISC and Wellcome Trust
Andrew Charlesworth, senior research fellow in IT at the University of Bristol, reports on copyright permissions and legislation affecting the archiving of Internet sources in the UK, Europe, Australia, and the United States. In this report,…
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