Society of American Archivists, 2015 eISBN: 978-1-931666-77-0 (ePub) | eISBN: 978-1-931666-76-3 (PDF)
ABOUT THIS BOOK | AUTHOR BIOGRAPHY | TOC | REQUEST ACCESSIBLE FILE
ABOUT THIS BOOK
Describes the main principles of copyright law and outlines strategies for addressing common issues, special topics, and digital projects.
AUTHOR BIOGRAPHY
Heather Briston is the university archivist for UCLA. Previously, she was the Corrigan Solari University Historian and Archivist for the University of Oregon, and an archivist at the University of California, Berkeley. She received an MSI in archives and records management from the University of Michigan School of Information and a JD with a focus on intellectual property law from Syracuse University. A member and past chair of the Society of American Archivists’ Intellectual Property Working Group, she teaches three different SAA workshops on legal issues for archivists. Her research explores legal issues and archives, and teaching with primary sources.
TABLE OF CONTENTS
Introduction: Learning to Live with Risk—and Loving It
Copyright Law and Archives
Purpose of this Module
Legislative History
Basic Principles of Copyright Law
Subject Matter
Fixed in a Tangible Medium
Layered Rights
Compilations and Derivative Works
Nationality of Authors
Federal Works
Duration
Tools for Determining Duration
Sound Recordings
Ownership and Transfer
Original Ownership
Transfer
Licensing
Researching Ownership
Scope
Exclusive Rights of the Copyright Holder
Visual Arts Materials
Infringement and Remedies
Digital Millennium Copyright Act (DMCA)
Managing Copyright in Archives
Risk Management
Library and Archives Reproduction
Fair Use
Four Factors
Fair Use Checklist
Best Practice Guides
Orphan Works
International Copyright and Its Effect on U.S. Repositories
Agreement on Trade-Related Aspects of Intellectual Property Rights
WIPO Copyright Treaty
Publicity and Personality Rights
Recommendations and Conclusions
Copyright Audits
Other Recommendations
Appendices
Appendix A: Further Readings
Appendix B: Case Study—UCLA Library Special Collections
Project 1: The Los Angeles Aqueduct Digital Platform
Project 2: Nitrate Negatives
Appendix C: Sample Disclaimer Notice
Appendix D: Copyright Audit Template
Appendix E: Glossary
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