The Digital Preservation Coalition is today publishing the latest in its popular Technology Watch Reports ‘Intellectual Property Rights for Digital Preservation’ by Andrew Charlesworth of the University of Bristol.
Legal issues, in particular the process of obtaining copyright clearance for preservation and access of archived material, can contribute significantly to the cost and complexity of digital preservation. It is an area where the wider preservation community often needs to make its case with government and other legislators.
‘While a number of legal issues colour contemporary approaches to, and practices of, digital preservation, it is arguable that intellectual property law, represented principally by copyright and its related rights, has been by far the most dominant, and often intractable, influence,’ explained Andrew Charlesworth.
‘It’s essential for those engaging in digital preservation to understand the letter of the law and to be able to identify and implement practical and pragmatic strategies for handling legal risks in the pursuit of preservation objectives. Moreover, those engaging in digital preservation need to advance a coherent and cogent message to rights holders, policymakers and the public with regard to the relationship between intellectual property law and digital preservation. It is in the long-term interests of all stakeholders that modern intellectual property law permits the implementation of effective and efficient mechanisms of digital preservation.’
This is the third report in the DPC technology watch series to have been commissioned with Charles Beagrie Ltd as series editors. Five more reports are in development – on Preservation, Trust and E-Journals; Digital Forensics for Preservation; Preserving Computer Aided Design; Web Archiving; and Preservation Metadata.
The series editors have been further supported by an Editorial Board drawn from DPC members and peer reviewers who have commented on the text prior to release. The Editorial Board comprises William Kilbride (Chair), Neil Beagrie (Principal Investigator and Managing Editor for the series), Janet Delve (University of Portsmouth), Sarah Higgins (Archives and Records Association), Tim Keefe (Trinity College Dublin), Andrew McHugh (University of Glasgow), Dave Thompson (Wellcome Library)
Access the report online at: http://dx.doi.org/10.7207/twr12-02
Read the whole series online at: http://www.dpconline.org/advice/technology-watch-reports