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Digital Projects: Rights & Legal Issues

Creators' Rights

  • What are the rights of creators whose digitized or born-digital resources we manage?
  • Do the creators rights vary depending on the format and/or type of content being managed?

Rights & Concerns related to Third Parties

  • What are the rights and concerns regarding third parties referenced in resources?
  • What do we consider sensitive subject matter regarding third parties (e.g. sexual orientation, mental illness)?
  • Do we digitize and/or restrict access to items that contain sensitive information regarding third parties?
  • Do we have a take-down policy if third parties referenced in digital resources object?
  • What are the rights, if any, of donors who don't own copyright?

Resources

Association of Research Libraries. Author rights. Retrieved from http://www.arl.org/focus-areas/copyright-ip/author-rights#.VF0bnMn364c

Association of Research Libraries. (2012, January). Code of best practices in fair use for academic and research libraries. Retrieved from http://www.arl.org/storage/documents/publications/code-of-best-practices-fair-use.pdf

Association of Research Libraries. Copyright & ip. Retrieved from http://www.arl.org/focus-areas/copyright-ip#.VF0aSMn364c

Creative Commons.  About the licences.  Retrieved from http://creativecommons.org/licenses/

* Cornell University. Copyright Information Center. Retrieved from http://copyright.cornell.edu/

- Review the Resources section for checklists, permission forms, and more.

* Hirtle, P. (2014, January 1). Copyright term and the public domain in the United States. Retrieved from http://copyright.cornell.edu/resources/publicdomain.cfm

- Peter Hirtle, Cornell University Libraries, is a well-recognized source on copyright information. Occasionally, he teaches workshops on this subject with other organizations.  I took one of Hirtle's copyright workshops through MARAC which I highly recommend.

Hirtle, P.B., Hudson, E., & Kenyon, A.T. (2009). Copyright and cultural institutions: Guidelines for digitization for U.S. libraries, archives, and museums. Ithaca, NY: Cornell University Library. Retrieved from http://ecommons.cornell.edu/bitstream/1813/14142/2/Hirtle-Copyright_final_RGB_lowres-cover1.pdf

United States Copyright Office. Copyright law of the United States. Retrieved from http://copyright.gov/title17/

Examples & Case Studies

Dickson, M. (2010, Fall/Winter). Due dilligence, futile effort: Copyright and the digitization of the Thomas E. Watson papers. American Archivist, 73(2), p. 626-636. Retrieved from http://archivists.metapress.com/content/16rh811120280434/?p=5ea2a8faf891495789dcf0698892628d&pi=0

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