[WEB4LIB] digitization of libraries' historic materials

[Karen Coyle]

I agree that there are copyright and privacy issues. There are also two
different things that you are talking about here: digitizing for
preservation, and putting the digital copy up online. There are
different considerations for each of these.

In terms of copyright, copyright probably belongs to the school. My
reading of the copyright law (and IANAL) is that a library can digitize
an item for preservation if it cannot obtain a replacement copy. That
preservation copy can only be used on the library's premises (admittedly
hard to define when you are dealing with digital materials, and I don't
know of an accepted definition). The school may not have back copies for
you to order, so you are probably within your rights of making a
preservation copy. Putting that copy up on a public web site, however,
is something else. You could ask the school for permission to do it,
however.

As for privacy, there probably isn't any law that would prevent you from
making the yearbook available should the school allow it. But I do see a
moral issue, which is that the level of exposure between a copy on a
local library's shelf and an online copy available worldwide is
significant. I don't think that modern law, or even modern society, has
come to grips with this. Think of the debates about putting the names
and photos of convicted child molesters up online. Somewhere in the
world there will be someone who looks just like one of them, and a life
could be ruined when people mistakenly decide that their innocent
neighbor is a dangerous criminal. Now admittedly a high school yearbook
photo isn't like being mistaken for a child molester, but one simply
cannot predict the consequences  of such wide distribution. Some could
be positive (finding a lost loved one) some could be negative (i.e.
stalking). 

If I were thinking of taking this course, I would definitely search for
a way to limit access to the yearbooks from only computers within the
library, or at least to folks with a library card. In that way, the
level of access does not exceed -- or not greatly -- that of the hard
copy.

kc

On Tue, 2004-09-21 at 13:29, Robin Boulton wrote:
> To those that are currently involved in digitization projects of their
> libraries' historic materials...=20
> 
> =20
> 
> We've scanned and stored our local biographies, our newspaper articles, =
> and
> our city directories.  Now we're looking at the local high school =
> yearbooks
> as candidates for digitization.  Part of our motivation is to preserve =
> our
> collection, which spans from 1923-2003.  Our main raison =
> d'digitizitation,
> though, is to have a complete yearbook even after some lovely patrons =
> decide
> that they want to razor out pictures of their crushes/arch
> enemies/themselves on a bad hair day.
> 
> =20
> 
> Our concerns are two-fold: first, what will the Copyright Police think =
> of
> our scheme; and second, what about privacy issues?  Personally, I =
> wouldn't
> be thrilled to have my senior photograph next to my name up on a =
> website.
> However, there are those that say permission was given when the student
> agreed to have their picture included in the yearbook, when they could =
> have
> chosen to opt out.
> 
> =20
> 
> Any input on how best to handle these sticky questions?  Please reply to =
> me
> directly.
> 
> =20
> 
> Thanks,
> 
> =20
> 
> Posted on behalf of Michelle Caulk
> 
> mcaulk at linc.lib.il.us
> 
> 630-584-0076 ext. 256
> 
> =20
> 
> =20
> 
> =20
> 
> 
> Robin Boulton=20
> 
> rboulton at linc.lib.il.us
> 
> 
> IT Manager=20
> 
> (630) 584 0076 x 258
> 
> 
> St. Charles Public Library District
> 
>  Cell:  (630) 918 8738
> 
> 
> St. Charles, IL 60174=20
> 
> =20
> 
> =20
> 
>  <http://www.stcharles.library> http://www.stcharleslibrary.org/
> 
> =20
> 
> 
> 
> 
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-- 
-------------------------------------
Karen Coyle
Digital Library Specialist
http://www.kcoyle.net
Ph: 510-540-7596 Fax: 510-848-3913
--------------------------------------