Navigating Legal Issues in Archives

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$75.00
ALA Member: 
$ 67.50
Item Number: 
978-0-8389-1030-6
Published: 
2008
Publisher: 
SAA
Pages: 
344
Width: 
6"
Height: 
9"
Format: 
Softcover
  • Description
  • Table of Contents
  • About the Author
  • Reviews

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
 

Menzi L. Behrnd-Klodt

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.

". . . 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