Navigating Legal Issues in Archives

Navigating Legal Issues in Archives
Author: Menzi L. Behrnd-Klodt
Publisher: Rittenhouse Book Distributors
Total Pages: 354
Release: 2008
Genre: Language Arts & Disciplines
ISBN:

Attorney and archivist Menzi Behrnd-Klodt details legal issues from acquisition to ownership, access, administration, and the effects of copyright and intellectual property law on archivists and archives. --from publisher description.

Privacy and the Past

Privacy and the Past
Author: Susan C. Lawrence
Publisher: Rutgers University Press
Total Pages: 189
Release: 2016-05-11
Genre: Biography & Autobiography
ISBN: 0813574382

When the new HIPAA privacy rules regarding the release of health information took effect, medical historians suddenly faced a raft of new ethical and legal challenges—even in cases where their subjects had died years, or even a century, earlier. In Privacy and the Past, medical historian Susan C. Lawrence explores the impact of these new privacy rules, offering insight into what historians should do when they research, write about, and name real people in their work. Lawrence offers a wide-ranging and informative discussion of the many issues involved. She highlights the key points in research ethics that can affect historians, including their ethical obligations to their research subjects, both living and dead, and she reviews the range of federal laws that protect various kinds of information. The book discusses how the courts have dealt with privacy in contexts relevant to historians, including a case in which a historian was actually sued for a privacy violation. Lawrence also questions who gets to decide what is revealed and what is kept hidden in decades-old records, and she examines the privacy issues that archivists consider when acquiring records and allowing researchers to use them. She looks at how demands to maintain individual privacy both protect and erase the identities of people whose stories make up the historical record, discussing decisions that historians have made to conceal identities that they believed needed to be protected. Finally, she encourages historians to vigorously resist any expansion of regulatory language that extends privacy protections to the dead. Engagingly written and powerfully argued, Privacy and the Past is an important first step in preventing privacy regulations from affecting the historical record and the ways that historians write history.

Reference and Access for Archives and Manuscripts

Reference and Access for Archives and Manuscripts
Author: Cheryl Oestreicher
Publisher:
Total Pages: 0
Release: 2023-03-31
Genre:
ISBN: 9780838939635

Access and reference services are central to engaging with historical resources. As more people encounter archives for scholarly and avocational research, as part of creative pursuits, or to exercise their rights as citizens to access records, the possibilities for how collections are used will continue to evolve. Archivists need to be familiar with who their users are, understand why they're using archival collections, and engage in outreach so that they can provide excellent reference services. Reference and Access for Archives and Manuscripts outlines the various components of: providing physical, intellectual, and virtual access, acquiring reference knowledge and skills, navigating legal regulations and ethics, and designing use policies and effective outreach. Cheryl Oestreicher contextualizes how all of these components fit within other archival functions and offers strategies and detailed practices for creating comprehensive reference programs that archivists can adapt for any type of institution. Both new and experienced archivists will find Reference and Access for Archives and Manuscripts a solid foundation on which to add their own ideas for how to bring people into the archives as well as bring archives to the people. Readers are encouraged to examine these concepts and practices in conversation with others and to consider how archivists can continue to advance reference and access.

Displaced Archives

Displaced Archives
Author: James Lowry
Publisher: Routledge
Total Pages: 184
Release: 2017-02-17
Genre: Language Arts & Disciplines
ISBN: 1317149521

Displaced archives have long been a problem and their existence continues to trouble archivists, historians and government officials. Displaced Archives brings together leading international experts to comprehensively explore the current state of affairs for the first time. Drawing on case studies from around the world, the authors examine displaced archives as a consequence of conflict and colonialism, analysing their impact on government administration, nation building, human rights and justice. Renewed action is advocated through considerations of the legal approaches to repatriation, the role of the international archival community, ‘shared heritage’ approaches and other solutions. The volume offers new theoretical, technical and political insights and will be essential reading for practitioners, academics and students in the field of archives, cultural property and heritage management, as well as history, politics and international relations.

Copyright for Archivists and Records Managers

Copyright for Archivists and Records Managers
Author: Tim Padfield
Publisher: Facet Publishing
Total Pages: 385
Release: 2015-07-28
Genre: Language Arts & Disciplines
ISBN: 1856049299

As an archivist or records manager it is essential to keep up to date with the complexities of copyright legislation, and Copyright for Archivists and Records Managers will prove an invaluable tool in enabling you to do so. What is copyright? Who owns it and for how long? What rights does it confer, and what are the limitations and exceptions? This comprehensive manual uniquely outlines copyright law in the UK with special reference to materials relevant to archive and records collections such as maps, legal records, records of local authorities, records of churches and faiths, most notably unpublished works. It also offers advice on rights in the electronic environment and the problems associated with rights clearance; and covers related areas such as moral rights and rights in databases. The fifth edition of this respected work has been extensively revised and updated to include: a description of the major changes to copyright exceptions and limitations for libraries and archives including the changes to permit preservation copying and copying for users of any kind of work, a simplification of the declarations required from users and a new exception permitting onsite access to digital material a description and discussion of the new schemes for orphan works a description of the other changes to exceptions for copyright and performer’s rights, notably education; quotation; caricature, parody and pastiche; text and data mining; disability; and private copying a revision of the views expressed on the exhibition of literary, dramatic and musical works an explanation of why a digital photograph, consisting of a numerical file, is still an artistic work a description of the changes in duration for sound recordings and especially for sound recordings of performances and for copyright in songs analysis of new copyright legislation in the Channel Islands and other British overseas territories an explanation of how national courts decide whether they have jurisdiction over the infringement of copyright on the internet a description of changes to Crown copyright licensing and the licensing of public sector information a new section giving links to useful websites consideration of the many copyright cases that have come before the courts the last few years that have provided help with the interpretation of many aspects of the legislation. Some notable examples are on the meaning of ‘transient and incidental’, ‘scientific research’, ‘parody’ and ‘originality’; whether hyperlinking infringes; the importance of a signature on an assignment; the terms that may be implied into a licence; and the relationship between the rights of a copyright owner and freedom of speech. Readership: Archivists and records managers; LIS professionals in libraries, museums and galleries; students, researchers and genealogists.

Privacy & Confidentiality Perspectives

Privacy & Confidentiality Perspectives
Author: Menzi L. Behrnd-Klodt
Publisher: ALA Editions
Total Pages: 0
Release: 2009-11-01
Genre: Language Arts & Disciplines
ISBN: 9780838910320

"Privacy and Confidentiality Perspectives brings together a diverse selection of thoughtful and provocative essays that explore the legal, ethical, administrative, and institutional considerations that shape archival debates concerning the administration of access to records containing personal information."—Nadine Strossen

Ethics for Records and Information Management

Ethics for Records and Information Management
Author: Norman A. Mooradian
Publisher: American Library Association
Total Pages: 224
Release: 2018-12-20
Genre: Language Arts & Disciplines
ISBN: 0838916392

The scope and reach of information, driven by the explosive growth of information technologies and content types, has expanded dramatically over the past 30 years. The consequences of these changes to records and information management (RIM) professionals are profound, necessitating not only specialized knowledge but added responsibilities. RIM professionals require a professional ethics to guide them in their daily practice and to form a basis for developing and implementing organizational policies, and Mooradian’s new book provides a rigorous outline of such an ethics. Taking an authoritative principles/rules based approach to the subject, this book comprehensively addresses the structure of ethics, outlining principles, moral rules, judgements, and exceptions;ethical reasoning, from meaning and logic to dilemmas and decision methods;the ethical core of RIM, discussing key topics such as organizational context, the positive value of accountability, conflicts of interest, and confidentiality;important ethical concerns like copyright and intellectual property, whistleblowing, information leaks, disclosure, and privacy; andthe relationship between RIM ethics and information governance. An essential handbook for information professionals who manage records, archives, data, and other content, this book is also an ideal teaching text for students of information ethics.

Archival Advantage

Archival Advantage
Author: Jackie Dooley
Publisher:
Total Pages: 28
Release: 2015-07
Genre: Social Science
ISBN: 9781556534959

This essay argues for involving archivists in the management of born-digital library materials (i.e., created and managed in digital form).