Rights In The Digital Era, Menzi L. Behrnd-Klodt and Christopher J. Prom (Eds.), with an introduction by Peter B. Hirtle, featuring modules by Heather Briston, Menzi L. Behrnd-Klodt, and Aprille C. McKay

Abstract

Rights in the Digital Era is the second volume in the Society of American Archivists’ (SAA) Trends in Archives Practices series. The series, a major initiative of SAA’s Publication Board, “complements and extends the core archival knowledge and practice” that SAA has traditionally provided to archivists and related professionals. Each module covers a topic related to the practical management of archives and manuscript collections in the digital era. The Rights cluster consists of Modules 4 through 7 in the series. They address copyright, balancing access, and the right of privacy in manuscript collections and in the records of organizations, as well as managing rights and permissions. All the authors have archival and legal backgrounds and actively participate in SAA’s Intellectual PropertyWorkingGroup. Overall, the volume is impressive, well written and professionally presented—a must for archivists. The volume opens with an introduction by Peter B. Hirtle, senior policy advisor to the Cornell University Library and a Fellow at the Berkman Klein Center for Internet & Society at Harvard University. Hirtle identifies three general themes in the volume: that the law is often unclear and imprecise and many of the rights issues archivists face are not matters of law but of professional ethics; interpretation of the law is constantly changing; and, archivists can (should?) embrace this ambivalence and learn to live with risk. His commentary serves as a good prelude to discussions of risk assessment. Modules offer practice-based commentary and recommendations and include appendices with further readings: case studies; selected sample documents, policies, forms or templates; and a glossary of terms. Each module stands alone but these four are so interrelated that they warrant treatment as a single work. Module 4, “Understanding Copyright Law,” was written by Heather Briston, currently the UCLAUniversity Archivist. Briston reviews the law’s history, basic principles, and scope from an archival perspective. She notes that contemporary archivists need to understand both U.S. and international copyright law, and their potential for revision. Briston addresses the challenges facing those with responsibility for digital materials who seek tomanage their holdings responsibly but who must adhere to law conceptualized for analog materials. She recognizes that this dilemma reflects societal blind spots about archives as well as the impact of technology on the information landscape. She urges archives to formulate clear policies on copyright, including, as relevant, having a fully formed take-down policy for any archival online resource, given the possibility of unanticipated issues arising once accessible online. In modules 5 and 6, Menzi L. Behrnd-Klodt covers “Balancing Access and Privacy in Manuscript Collections” and “Balancing Access and Privacy in the Records of Organizations.” The author is a well-known and respected authority on legal issues for archivists, librarians, and records professionals and she lectures and publishes widely. Together, her