I highly recommend the following paper!
Title: Unpublished Materials, New Technologies, and Copyright: Facilitating Scholarly Use
Authors: Hirtle, Peter B.
Keywords: manuscripts copyright archives
Issue Date: 2001
Publisher: Copyright Society of the USA
Citation: Journal of the Copyright Society of the USA 49:1 (Fall, 2001)
Abstract: The paper is divided into three parts. The first part explores why, at least with regard to the use of unpublished materials, current interpretations of copyright law have become an impediment to creative endeavors rather than an encouragement to them. Two factors are at work. The first factor is that copyright law imposes on unpublished materials a set of rules and viewpoints meant to govern published material. The second factor that has made the use of unpublished material more problematic is the rise of the Internet and the ease with which people can uncover potential infringing acts. Technology has not changed the law, but it has affected how people interpret the law ? with potentially disastrous results as far as unpublished material is concerned. The second part of the paper considers one possible solution advanced by the Copyright Office to address the problem of what they call ?orphan works? ? works whose copyright owner cannot be located. The last part of the paper considers…
Description: Presented at the Interdisciplinary Conference On The Impact Of Technological Change On The Creation, Dissemination, And Protections Of Intellectual Property, The Ohio State University College of Law, Columbus, OH. March 8-10, 2001.
Title: Archives or Assets?
Authors: Hirtle, Peter B.
Issue Date: 24-Nov-2003
Abstract: This paper discusses the nature of ownership of archival holdings, with special emphasis placed on issues of intellectual property, and the implications such ownership may have on the exploitation of those works. In order to respect the public?s interest in archival materials, licensing schemes must be skillfully crafted. If archives are careful not to compromise their own fundamental values when seeking to generate revenue, and if they respect the public?s interest in public domain material, they will be able to avoid much of the criticism that many museums have received over their jealous attempts to monopolize and control their collections.
Description: Hirtle presented an abbreviated version of this address as his presidential address at the opening plenary session of the 67th annual meeting of the Society of American Archivists in Los Angeles on Aug. 21, 2003.