Two questions relating to copyright in unpublished records are considered: archivists' obligations and privileges under United States copyright law, and archivists' responsibilities beyond merely legal ones. The 1976 Copyright Act clarified archivists' obligations by terminating perpetual copyright and by granting archives authority to reproduce copyrighted works under certain conditions. The ambiguous applicability of this authority and of "fair use" to unpublished records continues to complicate archivists' work. Archivists serve scholarship by accepting transfer of copyright in acquired records, by including information on copyright status in inventories, and by understanding copyright well enough to explain it to both researchers and copyright owners.

This content is only available as a PDF.