The rights and expectations of privacy, confidentiality and authorisation of use

associated with some subjects of materials such as organisational records, oral

history recordings, personal data and private communications
Expectations of users regarding access and use
Expectations of the broader community that material of enduring heritage
value will be preserved and made accessible within the regime of rights
established in law.

15.6 Basic rights required for preservation activities

Preservation involves many processes where rights issues are relevant. In order to
achieve continuity of digital heritage, preservation programmes must:
Obtain and hold material, usually involving making copies
Make further copies for preservation purposes
If necessary, bypass devices used by producers to limit access and prevent
copying
Decide what materials and what aspects of materials should be preserved
Add metadata
Modify file structures and file names if necessary
Use whatever means are available at the time to preserve accessibility
Provide managed access for authorised users.

15.7 Challenges
Obtaining permissions to cover these activities may be difficult:
Producers and other rights owners may be unwilling to give permission
Rights of access and rights of privacy and confidentiality are often in tension
In an environment of fragmented or collaborative creation of digital materials,
it may be hard to identify or negotiate with all rights owners
The legal position maybe ambiguous, as many jurisdictions are still in the
process of clarifying legal frameworks of rights and how they should be
managed
In dealing with globally networked materials it may be even unclear which
legal jurisdiction applies: that in which material was produced, or published,
or captured for preservation, or stored, or accessed all of which may be
different.

The costs of putting good rights management practices in place may be high,
especially if individual negotiation is required. On the other hand, the costs associated
with not managing rights issues adequately are also likely to be high.

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