Session 3: FEDERAL POLICIES, LAWS AND REGULATIONS I
Moderator, Joan Bacharach, Museum Registrar, Museum Management Program, National Park Service

Federal Laws and Regulations Governing the Custody of Records: Implications for Resource Sharing
Richard Boyden, Chief, Appraisal and Disposition Branch, Federal Records Center, San Bruno, CA

• Overview of NARA regulations governing the custody of records: implications for resource sharing. Began with an overview of NARA regulations, their origins in Federal statutes sought by the historical and archival professions, and their embodiment of bedrock archival principles such as provenance, preservation, and accessibility.
• definition of federal records - any information made or received in transaction of public business as evidence of activities by federal government to document policy, function, administration.
• government keeps control over official records
• make copies and put originals in archives
• every agency should want to preserve and make accessible our country's heritage.
• Discussed was an agreement between the Army, the National Park Service and the National Archives.

Legal Issues on Access to Archival Collections
Diane Vogt-O'Connor, Archivist, Museum Management Program, NPS

• legislation created to strike a balance of rights between those who created art (copyright), those who want to use art (publicity act and freedom of information act), and those who are part of the art (privacy act).

1. copyright
   
   
   • any original material in a fixed form, not ideas, facts, or concepts
   • bundle of rights to write, reproduce, exhibit, perform, prepare derivative work (examples: posters, postcards).
   • they are divisible before 1989 - when does it become active - from minute it is created; needs notice after 1989 - no notice needed; copyright held by creator or heirs + 50 years; federal records are in the public domain immediately (it was never copyrighted.)
   • when you go to a lawyer for copyright help
   • who created material
   • when did they die
   • if copyright is held by employer (i.e., federal agency or federal contracts)
   • is copyright symbol on material
   • are there two or more authors
   • before January 1, 1978: issues
   • was it published anonymously with no copyright?
   • was it unpublished and creator has died?
   • was it unpublished and creator lives?
   • if published - check with Library of Congress copyright office
   • 28 years copyright protection
   • making a preservation copy for yourself and/or another institution is always fair use.
   
   
2. privacy act - 1974
   
   
   • the dead and the famous (public figures) have no right to privacy.
     
     
   • what is protected:
   1. freedom from intrusion (wire tapping, etc.)
   2. personnel, medical records
   3. freedom from what is embarrassing to a person
   4. freedom from placing a person in false light (similar to liable and slander)
   5. freedom from using your persona in any form (images of house, fingerprints, etc.)
      
      
3. publicity acts
   
   
   • example: the Elvis estate is now suing those who make Elvis velvet paintings for using him for the gain of money
     
     
4. freedom of information act (FOIA)
   
   
   • exceptions:
   1. classified information
   2. trade secrets that may hurt someone or unfairly help someone
   3. law enforcement
   4. sites of wells, caves, endangered species, archeological sites must respond within 10 days to a FOIA
      
      
   • not covered:
   1. no original research
   2. don't need to create something that did not exist before