An academic librarian relayed this question from a researcher/author:
First, some validation: the faculty member is wise to be considering this issue, since publishing contracts[1] almost always put the responsibility and liability for photo clearances on the author.
How long should the library retain employee records, payroll records, sales and purchase records, mortgage and loan documents, and other records?
Several considerations impact the answer to this question:
For a public library, the bare minimum record retention periods are found in a document called "the LGS-1."[1] The LGS-1 has rules for retention covering everything from your library's charter, to how long you hold onto circulation records.
Our museum has an item on long-term loan that is potentially pretty valuable--a 200-yr old document.
We no longer wish to have this item in our custody unless it is gifted to us outright, and no longer on loan.
This question had me on the edge of my seat until the very end.
WHAT is this 200-year-old document?
WHO is this mysterious lender?
WHAT does the original loan agreement look like?
WHO took the 20-year-old photos?
I am of the understanding that NYS departments documentation falls under public domain. Can you provide any insight into this? Thank you!
I can most certainly provide some insight on this topic. But first, some terminology...
For readers who don't know, the "public domain" is the "place" distinct works of authorship (poems, paintings, books, etc.) go to when they are no longer protected by copyright. When a work is "in" the "public domain" it means it can be used without fear of copyright infringement.
"Ask the Lawyer" got a question from a member: "Can you review our deed of gift and loan forms?" We helped them out on a confidential basis, but we're using their question to inspire this guidance on implementing or updating a suite of policies for accepting and managing gifts into your collections.
The State of New York has very strong feelings about collecting cultural assets and information. So strong, that such collections are governed by a host of laws, regulations, and policy.
We have a couple of questions relating to Section 233-A of NYS Education Law, the "Museum Property Law". The law as written seems to only address totally undocumented objects and recent loans, but it also seems to have clear implications for the many partially documented objects and very old loans we have to deal with.
[NOTE: For some initial background on New York's law governing museums and loaned/donated items, see Special collections not recorded on institution's ledgers]
The New York Archives Conference recently posted a formal Code of Conduct (https://www.nyarchivists.org/nyac/code). While discussing our procedures for implementing this code, we began to wonder about the legal implications for enforcement.
Before I dive into this meaty and spectacular[1] question, here is a necessary disclaimer: this answer does not apply to chartered libraries.
Who does it apply to? The following:
My institution has a small number of documents in our archives related to previous graduate students. Some are definitely educational records (transcripts, field placement evaluations).
I am always fascinated by the transformation documents can undergo, simply by operation of law, circumstance, or time. For instance:
One of our member libraries has asked me the following question:
This is a cool idea—aggregating and cataloging drone shots. Someone fifty years from now will be very, very grateful for that type of work!
But as the member points out, there could be some technical or legal issues, namely: copyright, privacy, and security. How does the library make sure none of those concerns negatively impact the project?
Let's take those in order.
