Copyright & cross-border challenges in preservation: empirical evidence

Abstract

This short paper highlights how cross border cooperation is a central part of the work of libraries and cultural institutions as they preserve and provide access to materials, and how copyright creates challenges through restrictive or ambiguous laws. It presents the results of a survey and interviews with library professionals, as well as a collection of news stories. Archival projects are frequently international, requiring specialized expertise and resources. They pose challenges that need to be resolved with clear, flexible, and expansive guidance and legal protection, to enable the work of preservationists with international material where many specifics of origin and rights may not be known. Overly restrictive copyright laws endanger content - which can be lost to natural disasters or poor storage, or left locked away indefinitely in ‘dark archives’ awaiting a distant point when rights issues are resolved. The survey conducted in Feb 2023 received 23 responses were received from 13 countries. 68% of respondents indicated their work had a cross-border element, and 77% believed their institutions would benefit from more cross-border work. 40.9% indicated copyright was either a ‘top’ or ‘very much’ a priority in preservation projects. Many respondents indicated that copyright restrictions and ambiguities create challenges for workflow, and that the lack of restrictions on public domain works make them easy to prioritize. Providing access internationally is vital to connect people to relevant collections, especially those held abroad in post-colonial contexts.