MAC Fall 2016 Symposium

Archivists and Copyright
October 7-8, 2016
Ann Arbor, MI

About the Symposium

The 2016 Midwest Archives Conference Fall Symposium, “Archivists and Copyright” will take place in Ann Arbor, Michigan, October 7-8, 2016, at the Hilton Garden Inn. The instructors for this year’s symposium will be Melissa Levine and Aprille McKay.  Melissa serves as the Lead Copyright Officer for the University of Michigan Library, and Aprille is the Assistant Director for University Collections and Records Management at the University of Michigan Bentley Historical Library.

Archivists have always had an uneasy relationship with copyright.  This one-and-a-half day workshop will address some of that uneasiness by introducing participants to the “Best Practices in Fair Use” initiative and providing opportunities for collectively exploring strategies for managing risk and for balancing often-competing demands for access and privacy.

Friday will begin with review of recent copyright cases and legislation and an overview of changes on the horizon.  Additionally participants will examine key limitations to copyright as they apply to archives; consider best practices for managing rights and permissions; and learn about implementing takedown policies, watermarking, and other strategies.  See here for a full schedule

There will be ample time on Saturday for participants to work on institution-specific questions in group discussions that will be guided by the collective experience of the instructors. The symposium will provide participants with opportunities for both individual and institutional learning that will have immediate as well as long-term impact.

**The program will rely on learning modules in the Society of American Archivists Trends in Archives Practice: Rights in the Digital Era. Recommended modules include:
  • Module 4 Understanding Copyright Law
  • Module 7 Managing Rights and Permissions
The book may be purchased from the SAA (but is not required). Individual modules are $10 each.


Registration fees: MAC Members: $150.00
Nonmembers: $175.00
Students: $75.00

Registration will include breakfast, breaks and lunch on Friday, as well as breakfast on Saturday.

To receive a full refund for Annual Meeting or Fall Symposium registration, individuals must submit a written request postmarked or emailed by the advance registration date. No refunds are available after the advance registration date.

Travel and Accommodations

The symposium will be hosted at the Hilton Garden Inn.  This hotel is located just off of I-94 and located a quick ride from the Amtrak station or Megabus stop.  The special room rate for symposium attendees is $159 for both single and double occupancy. For more information on how to reach this hotel from the airport or driving, the hotel’s website provides additional details.

Room reservations at the discounted rate can be made using the code “MAC,” or calling 1-734-327-6400 and booking a reservation under the Midwest Archives Conference Block through September 3, 2016.

University of Michigan Law Library Tour

The beautiful University of Michigan Law Library will be hosting free tours on Friday, October 7th following the last session of the day.  Transportation will be provided from the hotel to the Law library.  If you are interested in attending a tour please register for the tour on the conference registration form.

Sponsors and In-Kind Donations

  • Special Collections Library - University of Michigan

  • School of Library and Information Science - Wayne State University
  • Bentley Historical Library - University of Michigan


Friday, October 7

Location: Hilton Garden Inn, 1401 Briarwood Circle, Ann Arbor, MI 

Times are approximate - a few minutes may be built in between sessions to transition as needed. This should be minimal as there are only two key instructors.

7:30-8:30 AM: Registration and breakfast
8:30-9:00 AM: Welcome, Introductions, Logistics
9:00 - 9:30 The Big Picture

  • Copyright changes on the horizon -- what cases and legislation are being considered. 
  • Critical need for responsible archives and the ongoing peril of destruction.
  • Overview of the Best Practices movement.
  • What advocacy can you do as a professional
  • How this symposium will help you to be effective in your work and advance your professional mission as an archivist
9:30-10:30 AM: Foundations: Copyright Essentials (Module 4)
  • Setting the stage: the source of copyright, how foundational assumptions differ globally, why that shapes results.
  • Scope and nature of copyright
  • Copyright in the US
  • Copyright treaties and global perspectives
  • Special topics: moral rights and pre-1972 sound recordings

10:30-10:45 AM: Break

10:45 AM-11:15 AM: Key limitations to copyright: fair use: 17 USC 107 Fair Use (Module 4)

  • About fair use
  • Best practices and making your own decisions

11:15 AM-12:00 PM: Key limitations to copyright: special treatment for archives and libraries, copies for people with print disabilities (17 USC 108, and 121)

  • 17 USC 108 - Exceptions for archives
  • 17 USC 121 and the Marrakesh Treaty

12:00-12:30 PM: The interaction of 107, 108, and 121

  • Authors Guild v. HathiTrust and accessibility insights 
  • Orphan works

12:30-1:30 PM: Lunch

1:30-2:10 PM: Managing Rights and Permissions (Module 7)

  • Obtaining consent for reuse or digitization
  • Helping patrons use archival materials -- licensing
  • Access policies and website terms of use

2:15-3:00 PM Stewardship versus risk - strategies for responsible balance

  • How much risk do you really have if you have responsible practices? [Examples of where things have gone wrong eg Boston Public Library losing items...]
  • Take-down policies, DMCA agents
  • Terms of use

3:00-3:15 PM: Break

3:15-4:30 PM: Contracts and agreements: Balancing copyright, contract, privacy and access

  • Donor and deposit agreements
  • Restrictions and temporary closures
  • Creative Commons for archivists
  • Choices about levels of access as risk management

4:30-4:40 PM: Wrap up for Day 1

Saturday, October 8
Location for Saturday:  Hilton Garden Inn, 1401 Briarwood Circle, Ann Arbor, MI

7:30-8:30 AM: Breakfast

8:30-9:30 AM: Pragmatics: Describing and documenting rights - thinking about metadata

  • Donor and case files 
  • Machine actionable information -- let your system help sort out access
  • Views on watermarking and digital rights management
  • DPLA/Europeana

9:30-10:30 AM: Case study:  “Unlocking Access:  Assessing and Managing Copyright Risk in Sound Recordings at the Bentley,” Jeremy Evans

10:30-11:00: Break

11:00 AM – 12:00 PM: Continued...Pragmatics: Case Studies based on participant inquiries prior to workshop

12:00-12:30 PM: Wrap up and parting thoughts

About the Outside Experts

Melissa Levine

As lead copyright officer at the University of Michigan Library, Melissa Levine provides guidance on all aspects of copyright policy and practice, helping the University of Michigan community understand copyright.  Melissa has extensive experience with copyright matters in the context of museums, libraries, and higher education with experience at the Smithsonian Institution and the Library of Congress. She has worked in the arena of museum policy and management as the Exhibits and Outreach Librarian at the University of Michigan Library, Acting Director of the Frost Art Museum at Florida International University, Associate Director for Finance and Administration at the Wolfsonian Museum, and Acting Curator of the World Bank’s Art program. Melissa received her undergraduate degree in history and art history from Emory University and her Juris Doctorate from the University of Miami School of Law. She was selected for the 2011 Frye Leadership Institute.

Aprille McKay

Aprille Cooke McKay holds a JD from the University of Chicago, and an MSI with a specialization in Archives and Records Management from the University of Michigan School of Information. She is the Assistant Director for University Collections and Records Management at the Bentley Historical Library at the University of Michigan and is the chair of SAA’s Intellectual Property Working Group.  She recently co-authored Rights in the Digital Era, a book published in 2014 by SAA. In addition, she is an instructor for the SAA DAS Workshops “Privacy and Confidentiality Issues in Digital Archives,” and “Copyright Issues for Digital Archives.”

Symposium Organizing Committee Co-Chairs 

Martha Conway (Co-chair)
Special Collections Library
University of Michigan - Ann Arbor
[email protected]
(734) 647-8151

Olga Virakhovskaya (Co-chair)
Lead Archivist for Collections Management
Bentley Historical Library
University of Michigan - Ann Arbor
[email protected]
(734) 647-2737

Julie Herrada
Curator - Joseph A. Labadie Collection
Special Collections Library
University of Michigan - Ann Arbor
[email protected]

Shae Rafferty
Congressional Records Archivist
Bentley Historical Library
University of Michigan- Ann Arbor
[email protected]