ID: 82



William Maher is Univ. Archivist & Professor of Library Administration (1995-) at the University of Illinois at Urbana-Champaign (UIUC). He was Assistant Univ. Archivist at UIUC (1977-85 & 1985-95), and Program Officer at U.S. National Endowment for the Humanities (1985-86). He was President (1997-88) and Treasurer (1991-94) of the Society of American Archivists. He is Chair of the International Council on ArchivesSection on the Archives of Universities and Research Institutions (ICA/SUV). He holds degrees from Case Western Reserve Univ. (B.A., 1972), Washington Univ. (A.M., History, 1975), and UIUC (M.L.S., 1991). As the author of one book and over 25 articles, he is a regular speaker on university archival administration, archives and history, and copyright law. He has taught over 600 students in the SAA’s workshop on Copyright for Archivists since 2000. and he has represented the SAA as an NGO observer at the World Intellectual Property Organization.


Sharon Alexander-Gooding holds a Master’s Degree in Archives and Records Management from the University of British Columbia. As Campus Records Manager/Head Archivist at the University of the West Indies, Cave Hill Campus she was instrumental in establishing the Archives and Records Management Programme and she coordinates the Certificate in Records Management and the Master’s Degree programme in Heritage Studies. She has served as Vice-President of the Caribbean Archives Association (CARBICA) and was the International Region Director to ARMA international (2006-09) and is currently a Trustee with ARMA International Educational Foundation (AIEF). She is Advisor to the Barbados Association of Records and Information Management (BARIM). She recently completed a Visiting Professorship of Archives & Records Management at the University of British Columbia and is pursuing a PhD on the history of recordkeeping in the Caribbean.


From 1979 through 2013, Tim Padfield, Tim Padfield MA (Cantab), LLM (London), was employed by the UK National Archives (formerly Public Record Office). He is author of Tracing your Ancestors in the Public Record Office (with Jane Cox) 1981; ‘Maps and Copyright’, in Cartografiti, no 70 March 2004; ‘Illustrations are Copyright Works!’, in The Local Studies Librarian, vol 23 no 2, Winter 2004; ‘Intellectual Property and Scholarship’, keynote address in Intellectual Property and Rights Ownership, Westminster Media Forum, January 2005; ‘Archives and the Re-use of Public Sector Information’, in Record Keeping, Summer 2005; Copyright for Archivists, 4th ed 2010; and ‘Copyright in art in the UK’, in Art Libraries Journal, vol 37 no 2, 2012. He has been Honorary Secretary, British Records Association, 1981-87, a member of Libraries and Archives Copyright Alliance, 1998–, Chair 2003-13; Secretary, Lord Chancellor’s Advisory Council on National Records and Archives, 1996-2007.


Creating Breathing Room for Archives and Heritage: The Advocacy for Exceptions to Copyright in Favor of Libraries and Archives

Brief summary:

Copyright presents challenges to a repository’s mission of supporting research access and use. Archivists from a developing country, ICA, and a large national association will discuss work at the international level to create specific copyright limitations and exceptions to provide breathing room for archival work.


In the 21st century’s digital networked world, those who use and those who fund archives expect our records to be available online and worldwide. While finding the money and technology needed to meet this objective is not a trivial matter, an even more complex challenge is navigating the creative property rights in archives. Furthermore, archivists have had to dive into the web of creative and intellectual property rights issues at the same time that the information and entertainment economy has driven international efforts to revamp copyright laws to protect the exclusive economic rights of the creative industries.

In this session, a developing-country archivist will outline challenges that copyright present to a repository’s mission of supporting research access. Representatives of ICA and a large national archival association will outline how professional networks are being used to work for a solution to the challenge faced by archivists throughout the world. Of special concern is work at the World Intellectual Property Organization, the body responsible for developing international copyright law. Several years of effort have been dedicated to advocate for a treaty that recognizes archivists’ unique contribution to the world of learning and creativity by creating specific copyright limitations and exceptions that provide breathing room for archival work. In particular, these efforts would permit the cross-border transmission of preservation and research copies of archival materials and to facilitate the digitisation of 'orphan' copyright works (those works whose copyright owner is unknown or untraceable). The creative industries would be among the beneficiaries, since they themselves are extensive users of archives.

Scientific contribution:

Orphan works, or works still in copyright but without an identifiable copyright holder, are important to cultural heritage.  Unfortunately, they are all but locked up from dissemination by copyright barriers. Non-archivists, including content creators, are generally not aware of the extent of the orphan works challenge. Archivists are thus presented with a dual problem: explaining the importance of this vast trove of information and finding a way to make it available consistent with legal rights regimes. This session will explore the use of the profession’s moral authority to call attention to the need for international action to create the breathing room for the archival goal of broad access to heritage.  The session will also bring awareness to the collaborative efforts of archival associations in working with other stakeholders to effect the necessary changes in international law


intellectual property, access, digitization