Preservation versus copyright

Information Outlook, Oct, 1997 by Lawrence S. Guthrie, II

Stroud notes that his department is not usually involved in reformatting for access - microfilming, digitization, etc. Rather, they are primarily concerned with original materials in the context of housing, exhibition, and conservation treatments. They do a lot of photocopying and xerography as part of their treatment and exhibition documentation. Occasionally, they have works photographed for use as surrogates in exhibitions. They also encourage the photocopying or filming of fragile materials so that casual users do not need to study the original.

For preservation/conversation and security purposes (exhibition documentation), I do not know of any copyright restrictions on duplication. If however, we propose to publish a paper in which an object is reproduced, the area becomes a little gray according to Stroud. "If a paper or presentation contained a particularly deep analysis of the intellectual content of the treated work or if complete images of particularly well-known objects were presented, we would try to obtain permission of the copyright holder."

When asked if it was possible for copyright law to prevent the preservation of a document, Stroud states, "I can't think of any type of situation where a conservator would let copyright issues take precedence over immediate stabilization of a situation threatening the existence of any work of cultural significance."

An example of a work of cultural significance is the Oklahoma Constitution, adopted in Convention at Guthrie, July 16, 1907. It was recently transported by the Oklahoma Secretary of State to the Harry Ransom Humanities Center for preservation evaluation under the director, Dr. Thomas F. Staley.

I asked Stroud if there were any copyright considerations involved. He replied, "No. If there were, these would have been taken care of by the Oklahoma Secretary of State, who is considered the guardian of the document. I can't imagine major public documents such as declarations and constitutions ever falling under copyright law. We were simply asked to provide a report on the condition of this document. If we presented a paper on our findings, we would certainly consider it appropriate to solicit the permission of the Oklahoma Secretary of State."

Regarding the copyright of state documents, Professor Sarah K. Wiant, Washington & Lee University, School of Law notes, "only federal documents under section 105 are automatically in the public domain. States may authorize or at least allow publishers of state materials to copyright their publications."

As pertaining to the Oklahoma Constitution, Judith Clarke, head of Legal Reference, State of Oklahoma Law Library, says that the text of the Oklahoma Constitution is not copyrighted. However, since the official code of Oklahoma (which includes the Constitution) is published by West, they may hold the copyright on the headnotes, but not on the text itself.

In conclusion, copyright questions arise in the preservation field, but the safeguarding of the document itself is of paramount importance.

Lawrence S. Guthrie, II. Guthrie is interlibrary loan librarian, Covington & Burling, Washington, DC For more information on "Copyright Corner, "or to contribute to the column, please contact Guthrie at: 1202-662-6158; fax: 1-202-778-8658; email:lguthrie@cov.com.