PETER HIRTLE
ABSTRACT
Applying Copyright Law: An Archivist’s Perspective
Copyright law, especially with regard to library and archival material placed on the Internet, is an area of great uncertainty and risk. Even in the best of circumstances, the copyright status of some material, or the legality of a repository making the material available on the Web, will be uncertain. The safest course would be to severely limit the type of material made available via the Web, even though this approach might be in opposition to a broader institutional mission. This presentation will explore what other strategies a digitization program can follow to minimize the risks inherent when publishing material on the web. This can include copyright investigation, the use of disclaimers, and a number of legal defenses. Throughout, the presentation will emphasize that digitization projects need to work with their administrators to establish a mutually acceptable level of institutional risk.
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