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Ethics of Copies: SUMMARY



Here's a summary of responses concerning the ethics / pros / cons /
suggestions / cautions about placing copies of collections with other
repositories.  My original query concerned the ethics of providing copies
of architectural drawings to a local historical organization working to
rehabilitate buildings, but that also housed a "competing" archival
repository.  The responses covered a broad range of issues grown from this
specific situation.

A very good exchange with many list members contacting me privately to
share their experiences and thoughts.  I've tried to pull responses
together under broad topics below.  I'm quoting verbatim in most cases -
but this isn't intended to be a polished document, more of a cut-and-paste
collection of responses.

Many thanks to those who took the time to respond.
Erik Nordberg
Michigan Tech

THE BASIC QUESTION

First, many were struck by the apparent simplicity of the question.  One
grad student contacted me asking:

  Why or how does it hurt a repository if another archives keeps a copy of
the drawings?
  What purpose is your friend's archive supposed to achieve/meet/serve?
  How does it hurt your friend's archives if a potential client/user goes
to the other archive instead of his?

In the end, it seems as if this question strikes at the basic dichotomy
between providing free and open access and / or controlling dissemination
of information.


EXPERIENCE IN THE FIELD

Several folks reminded me of the long experience the archival world has
with collection sharing, particularly via microformat media.

"It has been quite common for people to microfilm manuscripts, both
medieval and modern, and deposit them in other libraries for the ease of
the researcher."

"Repositories place copies of their collections in other institutions
(within and outside the same region) all the time (via microfilm and
photocopies), usually with the simple stipulations that the copies are
cataloged and otherwise identified as such and with reference to the
repository holding the originals, and that the repository holding the
originals must give its consent before the copies are published or further
duplicated."

"there are an awful lot of places putting major collections up on the web
(e.g. Denver Public Library photo collection).  In this day and age,
particularly, the ability (much less the desirability) of tightly
controlling access to collections is questionable."


ETHICAL CONSIDERATIONS

"archivists should not seek to control the flow of information by arbitrary
limits on the number of photocopies.  There should be a commitment to
complete and open access, and that information in the form of copies,
publications, research notes should be as widely scattered as possible to
touch as many people as possible."


LEGAL / COPYRIGHT CONSIDERATIONS

"Always be careful of copyright issues.  If the copyright holder is still
in business - say, for instance, an architectural firm that has donated
drawings - require users to acquire permission for reproduction.  "

"Also, beware that there may be other legal ramifications.  In some places
architects are responsible for buildings until they are razed.  They may
have an interest in "controlling" access during the life of the building."

Meanwhile, there is provision in the "Copyright Law under Section 108b that
allows archives to reproduce entire unpublished  copyrighted works
precisely for deposit for research use in another library or archives.
This is about the only time the copyright law allows one to make a copy of
an entire copyrighted work without the permission of the copyright owner.
The copyright law recognizes that having multiple copies of unique items
distributed to other repositories is such a great public benefit that the
normal rights of the copyright owner should be waived. "


IMPACT ON USAGE

Some felt that "making copies readily available will reduce the number of
researchers coming to their repository, thereby lowering the use statistics
that justify funding."

Others responded that they "didn't think that it's at all clear that losing
"control" over a collection will result in more harm than good for a
repository, large or small."


PROFESSIONAL COURTESY / COOPERATIVE VENTURES

"repositories should not accession copies from other institutions without
permission from the owner of the original"

"I think that something can be worked out between the institution with the
material and the town organization wanting to use copies. Cooperation is
certainly possible and helps the public find what they need."

"If they're saying "send me the bill" without asking, chances are these
aren't archives/history people.  They may not realize what they're
suggesting if they simply want to copy his entire collection."

"It may be that a little education is in order as well, and it can be
explained that they wouldn't like it if/when they find themselves in the
same position."

Institute "a referral program whereby your friend's collection is easily
surveyed and accessed by researchers (perhaps by intermediary or other
discrete means)."

"he should work with them to determine what they really need and not copy
"everything on..."


MARKING COPIES FROM YOUR INSTITUTION

"They can give preferred citations on all copies indicating originals are
in X archives."

"if copies are made, there is always the option of having in a conspicuous
place: "FROM THE COLLECTION OF **** INSTITUTION" so if the copies are used
by outside researchers at the other institution they would know the
originals are in someone else's possession. "

"Maybe this is a bit simplistic, but you could also stamp the copies
"property of YOUR institution" before you send them out.  That way there
will be no question of their origin, and folks using the copies at the
'town-site' will  automatically be made aware of your  holdings."

In any digital imaging project, "each image would be "watermarked" such
that if printed out it clearly states that it came from your friend's
organization. Also if placed on CD when the CD is loaded it could open to a
page that states that the original materials are located at such and such
facility yada, yada, yada"


WRITTEN DUPLICATION POLICIES

"Should have usage / duplication policies in writing" before this type of
request comes in.

If it is desired, the repository may wish to institute a written "policy
against copying collections in whole or substantial part"


COULD CONSIDER A WRITTEN AGREEMENT OF SOME SORT

"A memorandum of agreement stipulating use"

"a fair-use or restrictive-use covenant in place "

 "Sounds like a good place for a use agreement of some sort.  Establish
that they are permitted to use the drawings for the specific purpose and no
other.  Perhaps your friend could have them sign an agreement"


USAGE STIPULATIONS

 "It would probably be possible to provide them strictly for purposes of
construction, after which they would either be returned to the archives,
destroyed, or maintained only for future repairs and rehab work and not to
be made available for reference/research."

"stipulate that the copies are being provided by his archives and make sure
that proper credit is given in all publications, displays, etc etc.
Something like, "Restoration made possible with the assistance of ----" or
whatever."

"stipulations that the copies are cataloged and otherwise identified as
such and with reference to the repository holding the originals, and that
the repository holding the originals must give its consent before the
copies are published or further duplicated."

 "You may ask that they be contacted for permission to publish or duplicate"

"state that once reconstruction/renovation is complete that they be
returned to your friend. Hold firm too."

"they will return the copies to his archives when they are done - agree on
a time frame by which they should be returned, though allowing the
agreement to be modified later if need be."

"consider leaving copies of a few chosen documents at the town-site after
the contract period expires - this stamp will continue to direct
researchers to you."

"To my mind, this method seems preferable than the releasing of a
collection in whole or in part to what might be perceived as a "hostile" or
competitive entity, however noble the  new institution's purposes might be."


COST RECOVERY

"He should get revenue from charging for the copies over and above all
costs on his end including staff time"

"they provide the monies for microfilm/scannig/imaging the material for
their use."


LEGAL COUNSEL

More than just an informal arrangement or homespun agreement document,
"seek legal counsel" and get a written, legally-binding contract.

"I seriously think that he should not avoid legal contracts or legal
assistance/advice.  It will protect him in the event of future problems
with what appears to be a rather aggressive organization. "


MORAL HIGH GROUND?

Many indicated that they felt that a philosophy of "complete and open
access" was the only clear moral high ground in this debate.

Yet others recognized that the custodian of the documents is afforded
certain advantages - even if they don't necessarily meet their moral
obligations.  One put it quite succinctly:  "If they (the group wanting
copies) squawk, remind them that your friend's organization did save the
material, expend monies to preserve and conserve etc."

"There is the potential for a great news article in His local press about
how great and forward thinking his institution is in preserving these
documents and how this new effort down the road couldn't do it with them/him"


------------------------------

GOOD SOURCE

from _Providing Reference Service for Archives and Manuscripts_ by Mary Jo
Pugh (1992 SAA Archival Fundamentals Series), p86.

In Chapter 7, "Copies and Loans," she discusses the copyright and
preservation issues connected to providing copies.  Yet she identifies an
important additional topic -- that of controlling the information stored in
our repositories.  I think her comments hit at all of the salient points of
this discussion:

"... some archivists and curators object to losing control over access to
materials in their custody and believe that unlimited copying means that
the contents of archival holdings are scattered, sometimes out of context.
Copies of expensive manuscripts have later been given to other
repositories, which in turn made the materials abailable to users for the
cost of reproduction.  Thus, some archivists fear, perhaps justifiably,
that making copies readily available will reduce the number of researchers
coming to their repository, thereby lowering the the use statistics that
justify funding.  For these reasons, some archivists limit the number of
copies or refuse to copy at all, especially if rare or expensive
manuscripts are involved.

"It is important to note that repositories lose control over the use of any
information made available to users, whether it is taken from the
repository in copies, notes, or the researcher's head.  The issue of
control is more an issue of access to information than one of the volume of
copying.  If control of information is the issue, then access conditions
must be addressed.  If information should not be disseminated, it should
not be open for research.

"In large measure archivists can control this problem: repositories should
not accession copies form other institutions without permission from the
owner of the original.  Likewise they should require users to acknowledge
that copies will not be given to another individual or repository without
permission, and require all copies to bear the name of the repository.
Requests for copies and citations to materials can be used to supplement
the number of researcher registrations as measures of repository
effectiveness.

"Thus, limits on copying may be needed for copyright protection or for
preservation, and full costs of copying should be recovered; but archivists
should not seek to control the flow of information by arbitrary limits on
the number of photocopies."

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