Society of American Archivists annual meeting August 2011
Reality, Risk, and RightsRights, Risk, and Reality
Beyond “Undue Diligence” in Rights Analysis for Digitization
Society of American Archivists annual meeting August 2011
Between a rock and a hard place / Flickr gillesgonthier / CC BY 2.0
Society of American Archivists annual meeting August 2011
Reality
• Code of ethics: provide access to collections & upholding the law
• Increasing expectation for digitized collections• Budgets not increasing
• Yet again, no one has been sued.
Society of American Archivists annual meeting August 2011
Tyler Jumping off of a Cliff/ Flickr micahmacallen / CC BY-SA 2.0
Society of American Archivists annual meeting August 2011
Risk
• “Just say no.”• Risk to scholarship and meeting mission
• “Just say yes”• Risk of legal action, risk to reputation
• Say maybe• Adopt a risk management approach
Society of American Archivists annual meeting August 2011
Copyright license choice/ Flickr opensourceway / CC BY-SA 2.0
Society of American Archivists annual meeting August 2011
Rights
• US Copyright law is what it is• Privacy and publicity rights also need to be
considered
• Look to fair use• Establish a “community of practice”
Society of American Archivists annual meeting August 2011
WIP: a community of risk management?
SAA E
ndor
sed
Society of American Archivists annual meeting August 2011
Are we at a turning point?
End of the road/ Flickr 32933171@N04 / CC BY 2.0
Society of American Archivists annual meeting August 2011
Our speakers
Jean Dryden Peter Hirtle Barbara Aikens