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Clearing rights and citing archival material
A practical guide for museum professionals on recording rights status and citing archival material in publications, using standardized statements from RightsStatements.org.
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How can you record rights status accurately?
Recording rights status accurately begins with using a standardized vocabulary that both humans and machines can understand. RightsStatements.org provides 12 standardized rights statements for online cultural heritage, designed to communicate the copyright and re-use status of digital objects to the public. These statements are supported by major aggregation platforms such as the Digital Public Library of America and Europeana. By adopting these statements, you ensure consistency and clarity across your institution's digital collections. For each archival item, determine which statement applies based on its copyright status. For example, if an item is in the public domain, you might use the statement "No Copyright - United States." If the copyright status is unclear, you might use "Copyright Undetermined." Always verify the current list of statements and their definitions on the RightsStatements.org website (https://rightsstatements.org/en/).
What information should a rights clearance file contain?
A rights clearance file should contain all documentation related to the copyright status and permissions for an archival item. This includes: the source of the item, any known copyright owner, the basis for your rights assessment (such as publication date or creator death date), copies of correspondence with rights holders, and any licenses or agreements. For items with unclear rights, document your search process and the conclusion. This file serves as evidence of your due diligence and helps future staff understand the rights status. Consult your institution's legal counsel or current official guidance from copyright offices for specific legal advice, and keep a dated note of which guidance you relied on.
A useful structure for the file is a single cover sheet with headings, followed by the supporting documents. Record the object identifier, the date of the assessment, the name of the person who made it, the rights statement chosen, and the evidence behind that choice. If permission was granted, note the scope of the permission: which uses, which territories, and which duration. If a permission request was refused or went unanswered, record that too, because a documented refusal is just as important as a documented grant.
| Section of the rights file | What to record |
|---|---|
| Identification | Object identifier, title, creator, date of creation |
| Assessment | Date, assessor, rights statement chosen, reasoning |
| Evidence | Publication data, death dates, registration records, correspondence |
| Permissions | Licences, agreements, scope, territory, duration |
| Review | Date of last check and date of next scheduled check |
How do you cite archival material in a publication?
Citing archival material accurately requires identifying the item, its collection, and its repository. A typical citation includes: creator, title or description of the item, date, collection name, repository name, and identifier. For example: "Photograph of Mt. Mitchell Station, Mt. Mitchell, N.C., n.d., Postcard Collection, [Repository Name], [Identifier]." If the item is published online, include a permalink or URL. Always check your publisher's style guide for specific citation formats. For rights statements, include a link to the applicable RightsStatements.org statement. This allows readers to understand the re-use conditions. When citing, avoid using en dashes or em dashes; use hyphens or parentheses instead.
Citations for unpublished material often need more context than citations for printed works. If a collection is large, include the series, box, and folder where the item sits, so that a reader can request the same item without a search. If an item has been digitized, give both the shelf reference and the digital permalink, since permalinks can change when a system is migrated. A short credit line in a caption may be enough for a display, but a full citation in a publication should allow a reader to trace the item back to its physical or digital home.
What are the common pitfalls in rights clearance?
Common pitfalls include assuming that a work is in the public domain without verification, failing to document the rights assessment, and not updating rights information when new evidence emerges. Another pitfall is using a rights statement that does not match the actual status, such as labeling a work as public domain when it is still under copyright. To avoid these, establish a workflow that includes verification steps and regular reviews. Also, be aware that copyright laws vary by country, so a work may be in the public domain in one country but not another. For international projects, use resources like RightsStatements.org to select appropriate statements. If you are unsure, consult a rights specialist or legal advisor.
It also helps to separate two questions that are often mixed together: whether your institution owns the physical item, and whether anyone owns the copyright in its content. Owning a photograph, a letter, or a register does not by itself transfer the copyright. Many institutions hold physical archives whose copyright belongs to the creator, to the creator's heirs, or to another body entirely. Write the distinction into your records so that later staff do not read an ownership note as a rights note.
Which RightsStatements.org statement should you choose?
Choosing the right statement depends on the copyright status of the item. RightsStatements.org offers three categories: In Copyright, No Copyright, and Other. Under "In Copyright," there are statements like "In Copyright" and "In Copyright - EU Orphan Work." Under "No Copyright," there are statements like "No Copyright - United States" and "No Copyright - Contractual Restrictions." Under "Other," there are statements like "Copyright Undetermined" and "No Known Copyright." Use the decision checklist below to guide your choice. Always refer to the definitions on the RightsStatements.org website (https://rightsstatements.org/en/).
Decision checklist for rights statements
Use this checklist to determine the appropriate rights statement for an item:
- Is the item in the public domain? If yes, use a "No Copyright" statement. If no, go to step 2.
- Is the copyright status known? If yes, use an "In Copyright" statement. If no, go to step 3.
- Is the item an orphan work? If yes, consider "In Copyright - EU Orphan Work" if applicable. If no, use "Copyright Undetermined."
- Are there contractual restrictions? If yes, use "No Copyright - Contractual Restrictions."
- Is the item from a jurisdiction with different rules? Consult local guidance and consider using "No Known Copyright" if appropriate.
Document your reasoning in the rights clearance file, and date the entry so that a later reviewer can see when the decision was made.
How can you integrate rights into collection records?
Integrate rights information into your collection management system as a dedicated field. Use controlled vocabulary from RightsStatements.org. This makes it easy to display rights statements in online catalogues and publications. Also, link the rights statement to the rights clearance file. For guidance on structuring collection records, see our article on minimum record fields. When preparing data for migration, ensure rights fields are mapped correctly (digital catalogue migration). And when evaluating primary sources for exhibition use, always check the rights status early (primary source evaluation).
What should you do when rights are unclear?
When rights are unclear, do not assume the item is free to use. Mark it as "Copyright Undetermined" and seek permission if possible. If you cannot locate the rights holder, document your search. In some cases, you may use the item under fair use or other exceptions, but this requires careful consideration. For publication, you may need to use a disclaimer. Always consult your legal counsel. RightsStatements.org provides a statement for undetermined copyright, which signals to users that permission may be required. This is preferable to leaving the rights field blank or making an unsupported claim.
How do you train staff and volunteers on rights clearance?
Provide regular training on copyright basics and your institution's rights workflow. Use real examples from your collection to illustrate common scenarios. Create a quick reference guide that includes the RightsStatements.org statements and your internal procedures. Encourage staff to ask questions and seek advice when unsure. Designate a rights point person who stays updated on current official guidance. Remember that copyright law evolves, so ongoing education is essential. By following these practices, you can reduce risk and ensure that your publications respect the rights of creators and rights holders.
