Archives, Electronic Files and Licensed Material

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Archives, Electronic Files and Licensed Material William J. Maher Society of American Archivists University of Illinois at Urbana Champaign w maher@illinois.edu Archives: the Bridge between the Past and the Future Archives exist to be used Archives document all parts of society Preserving for the future requires making copies Copies must be made before hardware and software become obsolete Documents of everyday life created by persons operating outside of commerce Rare, one of a kind documents. Thus, each archives has a worldwide audience 1 2 3 4

How Archives Manage Content Interrelated functions Authentication Evaluation/acquisition Arrangement Description Preservation Use Archival management must be done at the collective or aggregate level, not item level 5 6 UNPROCESSED Chemistry Department Files and Professor s Personal Archives Archival Processing in the Analog World Arrangement & Description Music Studio Sound Recordings 7 8

Archival Processing in the Analog World Arrangement & Description Music Studio Business Records Processing Complete Archives Ready for Research Use 9 10 Archival Research Use: History of the Invention of the Transistor Archival Research: History of the Theory of Superconductivity 11 12

Office of Chemist/Chemical Educator Computer based Teaching in Chemistry Work Station and Related Paper Files In addition to 5 linear meters of paper files: 30 GB of data 161,419 separate files 8,844 folders 204 file types Electronic files look like this... 13 14 Digital Archives Files from 1970s early 2000s Physicist / Geneticist One of his 2 Offices Laboratory 15 FileTree Structure: Files from Creator of Computer based Education in Chemistry 16

Biophysicist /Geneticist Work Station and Related Paper Files In addition to 10 linear meters of paper files: 17.8 Gigabytes of data from imac and Sun workstation 79,536 separate files 6,818 folders 1,435 file types!!! Electronic files look like this... 17 File Tree Structure for Files of Biophysicist/Geneticist 18 Archival Arrangement & Description in the Digital Era Implications for Archival Practice As with analog, work with electronic content is at the aggregate level Selectively work at item level only after successive phases at aggregate level Fundamental character of digital era is enormous increase in amount of material It is impossible to go through each piece of content and determine whether license conditions apply 19 20

Is it really impossible? Would ten minutes per file be enough to locate contract limited content? Would five minutes be enough? Would one minute be enough? Possible? Biophysicist and Geneticist Electronic Files: 79,536 separate files @ 10 minutes per file = 6.9 years @ 5 minutes per file = 3.5 years @ 1 minute per file =.7 years Chemical Educator Files Electronic Files: 161,419 separate files @ 10 minutes per file = 14.0 years @ 5 minutes per file = 7.0 years @ 1 minute per file = 1.4 years 21 22 Once you locate contract controlled content... Where will you find the contract? Its terms? Its successor owners? Analog vs. Digital World Archives Vast majority of archives is unencumbered by contracts BUT Archives in 21 st century must include digital content such as the capture of the Geneticist s computer.... 23 24

File Tree Structure for Files of Biophysicist/Geneticist 25 Legacy of Biophysicist/Geneticist Limited by Contracts 26 Archivist s Dilemma Our codes of ethics: follow the law Universal Declaration: respect rights of individuals, creators, owners, and users VS. To follow the best professional practices (the ones necessary to enable preservation of legacy) we will likely violate underlying contract terms Current Status Archives content largely out of commerce Archives work largely conducted for noncommercial purposes Archivists are flying under the radar assume prosecution unlikely Leading to... 27 28

Emerging Perceptions Archivists are wasting their time and money worrying about copyright Copyright is so absurdly out of date that it cannot matter Must this be the final verdict? Well ordered Universe Reasonable set of exceptions for archives addressing Acquisition Preservation Making available Remove the cloud so that we all can be engaged in a world knowledge system that includes copyright otherwise... 29 30 Is this the future for archives? 31