An Archivist's Guide to Copyright

Navigating Risk Management

By: William J. Maher

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eText | 2 April 2026 | Edition Number 1

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Copyright. The very word can make an archivist's eyes glaze over. But this book is here to help.

Fear of copyright can sometimes make everything an archivist does-preservation, reference, digitization-feel like a prelude to an unintended lawsuit.

In this book, readers learn core parts of the U.S. copyright law, how to apply basic tools to address archives-specific issues, and learn effective use of existing exceptions and limitations. The goal is to provide archivists with the ability to navigate copyright to achieve the ultimate archival mission: to preserve the broadest array of heritage material and enable as wide a use as possible.

This book:

· Provides a foundation for how to read the copyright law, review legal literature, and navigate authoritative websites and news sources;
· Promotes a clear understanding of the separate rights of authors, owners, and users and how these rights relate to institutional and general cultural archives;
· Clarifies the relevance of the historical landmarks in copyright legislation and case law;
· Outlines the basics of related laws and rights regimes (e.g., privacy, publicity, moral, and cultural property rights) to understand when and how copyright does and does not relate to them;
· Surveys recent legislation and court cases, especially those relating to fair use, sound-recordings, and alternative dispute resolution; and
· Guides archivists in a multi-factor analysis to support the decisions needed to manage copyright issues and risks.