LEGAL ISSUES IN AV

1. Ownership and Copyright Restriction Situation: i. A new agreement may need to be re-negotiated as the custodian changed (with complex access clauses as happen with films, this would clarify the copyright situation.) ii. Unique recording (eg: oral history tapes ). When requests are received to use the tapes for commercial use.

How to overcome the problem?? a) Clarify who OWNS the material deposited b) Establish who the rightsowners are c) Establish whether the deposit is temporary or permanent as this can affect access rights d) If transferred from another institution and/or country ensure that all details concerning the origin of the item and its ownership rights are documented e) Understand fully the copyright implications agreed at the time of deposit

2. Preservation Copying
Situation: i. To preserve audiovisual materials and make them accessible, there is a need to allow for the copying of the original onto another format. How To Overcome: a) For access/exhibition purposes, ensure that agreement is reached to copy onto a contemporary format b) For preservation work, ensure that either the agreement or copyright legislation allows for the copying of the original onto a more stable format. c) Clear details of the archives responsibility to the depositor for preservation work should be included in any deposit agreement

3. Acces
Situation:

Whether the archive is national or local, private or commercial, there will be certain restrictions on access Why Restriction on Access? a) Copyright and neighbouring rights affect subsequent access to and use of materials b) Trade contract agreements override copyright and may impose restrictions on the archive in the way it manages items

How To Overcome? a) Whilst respecting the interests of the rightsholders, agreements should not be so restrictive as to prevent reasonable access to items. b) Where there are specific restrictions on use of materials (public access, exhibition, restoration), these should be clearly stated in the contract.

4. Permanent or temporary withdrawal of materials

Situation: i) Many contract agreements, especially with film, include a clause allowing the withdrawal of items by the depositor. To safeguard the interests and goodwill of both parties, there is a need to clarify the terms under which a depositor can withdraw an item, either permanently or temporarily. ii) In the case of permanent withdrawal, some archives seek to gain reimbursement of preservation costs. Where items are withdrawn temporarily, the archive may well seek agreement concerning advance notice, and also to establish a time period by which they must be returned Overcome??
a) Contracts drawn up between depositor and archive should clarify the position with regard to any withdrawal options that the company might require. b) The depositor and archive should each be clearly aware of their financial liabilities when items are withdrawn c) Contracts should include agreement as to time limits for temporary withdrawal. It may also be advisable for notice of withdrawal of materials to be given to the archive - and this should be included in any legal agreement

5. Deselection
Situation

Selection and appraisal in audiovisual archives is an established practice, so it makes sense to provide for the possible withdrawal of items if they are not felt to be of use to the collection (for a variety of reasons) at some future date.{Because there might be a difference of interests between depositor and archive}.
Overcome?? a) Establish a policy for deselection of items. This will be formulated according to the needs of the collecting Institution. b) Establish what, if any, requirements are needed to inform and/or to return the items to the depositor. c) Ensure that the depositor is aware of these conditions and agrees to them.

LEGAL ISSUES on AV in MALAYSIA

COPYRIGHT
Many private agencies and individuals are not willing to submit their publication to be
stored and maintained in the NAM because of copyright issues.

Most of the collections stored and preserved in the NAM belong to the creating agencies or private institutions. (Making copies and disseminate the collection are restricted and only with permission from the owners.)

Sources: www.arkib.gov.my/html/themes/arkib/download/NATION_1.pdf

LEGAL ISSUES on AV in MALAYSIA

Duplication of roles
overlapping duties between NAM and NLM in acquiring and preserving AV materials.

both provide facilities in preservation of AV materials

Sources: www.arkib.gov.my/html/themes/arkib/download/NATION_1.pdf

LEGAL ISSUES on AV in MALAYSIA

Awareness Amongst Gov and Private Agencies
although we had enforced the National Archives Act 2003, most of the gov and private agencies in Malaysia do not aware the importance of preservation of AV materials

the lack of awareness in preserving the AV materials has caused the lost and damaged

Sources: www.arkib.gov.my/html/themes/arkib/download/NATION_1.pdf