Risky Business?: Issues in Licensing Copies of Archival Holdings

This study investigates the policies and practices of Canada’s national, provincial, and territorial archives when they are making copies for users. In many cases, these repositories attempt to control further uses under the rubric of copyright, even though they may not be the rights holders and/or interests other than copyright may be at issue. Referencing the data available on their websites, the study looks at copyright ownership and the conditions imposed on copies for users. The study reveals a wide range of practices across institutions and internal inconsistencies within a single repository’s practice. From a legal perspective, certain practices are somewhat problematic, although they may not pose a great legal risk. More significantly, by confusing users and inappropriately restricting access and use, some archives are compromising their core mission to make their holdings available. These institutions’ policies and practices for making copies for users need review to ensure that they are comprehensive, internally consistent, and up to date.