Archivist Ethical & Legal Standards Flashcards

Under Section 108 of the Copyright Act, a library or archive may make copies of unpublished works for preservation purposes under which condition?

Answer: The copy must not be made for commercial advantage and the collection must be open to the public

Section 108 allows qualifying libraries and archives to copy unpublished works for preservation if the institution is open to the public and the copying is not for commercial advantage.

An archivist receives a subpoena requesting records that are under a donor-imposed confidentiality restriction. What is the correct response?

Answer: Consult legal counsel to determine if the subpoena overrides the restriction

Court orders can override donor-imposed restrictions, but the archivist should consult legal counsel before acting to understand the institution's legal obligations.

Which ethical principle requires archivists to document and disclose their own actions regarding the records in their custody?

Answer: Accountability

Accountability means archivists document their own interventions and decisions regarding records, ensuring transparency about archival actions.

A researcher requests records about a living person that were created during a public investigation. Which consideration most directly applies?

Answer: Public-process records may be open, but personally identifying details about the subject require privacy assessment

Records from public proceedings may be accessible, but archivists must still assess whether release of personally identifying information about living individuals is appropriate.

What does the archival principle of 'respect des fonds' (provenance) require of archivists ethically?

Answer: Records from each creator must be kept together and not mixed with records of other creators

Respect des fonds requires maintaining the integrity of records from each creator as a distinct group, preserving their evidential context and authenticity.

Which type of copyright license allows an archivist to make a digitized collection freely available online without seeking individual permissions?

Answer: Creative Commons license granted by the rights holder

A Creative Commons license is a rights holder's explicit grant of permission to use, share, or adapt their work under specified conditions without individual permission requests.

When appraising records with potential monetary value (e.g., rare manuscripts), what conflict of interest must an archivist avoid?

Answer: Personally acquiring or facilitating personal acquisition of appraised materials

Archivists must not personally acquire or help others acquire materials they appraise, as this constitutes a direct conflict of interest and breach of fiduciary duty.