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Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis for Digitization

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Page 1: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

Reality, Risk, and RightsRights, Risk, and Reality

Beyond “Undue Diligence” in Rights Analysis for Digitization

Page 2: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

Between a rock and a hard place / Flickr gillesgonthier / CC BY 2.0

Page 3: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

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.

Page 4: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

Tyler Jumping off of a Cliff/ Flickr micahmacallen / CC BY-SA 2.0

Page 5: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

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

Page 6: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

Copyright license choice/ Flickr opensourceway / CC BY-SA 2.0

Page 7: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

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”

Page 8: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

WIP: a community of risk management?

SAA E

ndor

sed

Page 9: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

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

Page 10: Society of American Archivists annual meeting August 2011 Reality, Risk, and Rights Rights, Risk, and Reality Beyond “Undue Diligence” in Rights Analysis

Society of American Archivists annual meeting August 2011

Our speakers

Jean Dryden Peter Hirtle Barbara Aikens