Menzi L. Behrnd-Klodt is an archivist and an attorney, holding advanced degrees from the University of Wisconsin in history, library and information science, and law. She is corporate counsel for American Girl Brands, LLC, a children's book publisher and toy company that is a subsidiary of Mattel, Inc., where she focuses on contract law, intellectual properties, entertainment law, and licensing, as well as oversees the corporate archives and records programs.
- Table of Contents
- About the Author
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. She begins with the legal framework behind policies and procedures and reviews the legal process and civil litigation, then details acquisition (including transfer of ownership and rights), appraisal, abandoned materials, tax consideration, risk, primacy, public records, records in information management, the implications of the Sarbanes-Oxley Act, cultural property and their records, copyright and related rights issues (including permissions, releases, music, and moral rights) and the reasons why trademarks, patents, and related rights should matter to archivists. Includes sample legal documents and forms.
The "Legal" Framework
Chapter 1: Policies and Procedures: Forming the Legal Framework for the Archives
Chapter 2: Working Effectively with Legal Counsel
Chapter 3: An Introduction to Legal Process and Civil Acquisition and Ownership Legal Issues
Chapter 4: Acquiring Archives: Transferring Ownership and Rights
Chapter 5: Archival Appraisal, Reappraisal, and Deaccessioning
Chapter 6: Loans and Loan Agreements
Chapter 7: Abandoned and Unclaimed Materials
Chapter 8: Tax Considerations
Chapter 9: Risks, Risk Management, and Insurance Considerations
Access and Administration Issues
Chapter 10: Access and Privacy Issues in Archives
Chapter 11: Balancing Confidentiality Concerns and Legal Privileges with Access to Lawyers' Papers
Chapter 12: Access to Student Education Records Under the Family Educational Rights and Privacy Act (FERPA)
Chapter 13: Medical Records Privacy and Access Issues for Archivists
Chapter 14: Access to Presidential Records: What's Left?
Chapter 15: Access to Public Records
Chapter 16: Replevin: Protection and Recovery of Missing Public Records
Chapter 17: Records and Information Management: Legal Considerations for Archivists
Chapter 18: The Implications of the Sarbanes-Oxley Act for Records Managers and Corporate Archivists
Chapter 19: Cultural Property and Records of Cultural Property
Copyright and Intellectual Property Law and Considerations: Their Effects on Archivists and Archival Access and Use
Chapter 20: "To Serve the Public Welfare and Promote Science and the Useful Arts": The U.S. Copyright Law
Chapter 21: Copyright and Related Rights Issues: Permissions, Releases, Music, and Moral Rights
Chapter 22: Intellectual Property Rights: Why Trademarks, Patents, and Related Rights Should Matter to Archivists
". . . the single best introduction to the most problematic legal concerns of archivists. In our increasingly litigious age, every repository should have a copy for reference, and every archivistshould keep a copy near at hand."
– Peter B. Hirtle, Cornell University Library, Technology Strategist and CUL Intellectual Property Officer