4/30/16 Audio Digi/za/on for Preserva/on & Access-­‐ •
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Audio Digi/za/on for Preserva/on & Access Howard Besser, Director NYU Moving Image Archiving & Preserva/on hGp://besser.tsoa.nyu.edu/howard/Talks/ Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 1 What type of material are we talking about? History of Audio recording Different types of important Audio Format Iden/fica/on and Deteriora/on Understanding Audio Tape Risk Assessment ReformaXng for Preserva/on Legal Issues Web archiving Issues Case Studies Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 2 What type of Audio material are we talking about? •
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Oral Histories Speeches Interviews Public Events and Performances Dead languages Archiving websites with Audio content Music … Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 AUDIO RECORDING HISTORY 3 Origins
4 Scott de Martinville
•  1856: Édouard Léon Scott de Martinville
(France)
•  1877: Thomas Edison (United States)
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 •  1856: the phonautograph (sound signature)
•  Recording on a cylinder
•  Recent discovery (2008) of first recordings
5 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 6 1 4/30/16 Au clair de la lune
Paper covered with soot
•  March 2008: American historians find
recordings in the archive of the Academy of
Science in Paris
•  Martinville wanted a “picture” of sound, not to
reproduce it
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 •  About 10 seconds of the song
•  Recorded using a cylinder in 1860
•  American scientists photographed the paper,
created an electronic “stylus” to “read” the
sound
•  Created a digital file from the sound
7 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Edison
8 Edison
•  1877: the phonograph
(writing sound)
•  Recording on a cylinder
•  Scott de Martinville had no
intention of playing back
the sound, but Edison did
•  Edison’s
phonograph a
kind of
dictaphone for
office use
Supply
of cylinders
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 9 Development
10 Cylinders
•  Chronological order:
•
•
•
•
•
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 •  Metal, and later wax
Cylinders
Disks
Tape
Optical disks
Computer files
Metal cylinder with broken speaker
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 11 Wax cylinders
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 12 2 4/30/16 Cases for cylinders
Later, discs (records)
Emile Berliner credited with this technology Front and back
More cylinder cases
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Recording
13 First factory in Montreal
Playing back
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 14 Discs
•  Wood
•  Paper
•  Metal
•  Plastic
•  Vinyl
•  Optical
•  Many formats over the years
In 1901, 2 million records sold!
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 15 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 16 Gold-­‐plated Transcrip/on Disk (NARA) DIFFERENT TYPES OF HISTORICAL MATERIAL Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 17 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 18 3 4/30/16 Gold-­‐plated Transcrip/on Disk (NARA) LP's of radio programming for troops during Vietnam (NARA) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 19 20 1/4" reel-­‐to-­‐reel audiotape recordings of the Nuremburg Trial, acid-­‐free boxes (NARA) Wax Cylinder Knights of Columbus Orchestra (turn of century) (NARA) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 21 A different kind of disc
recording
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 22 More sound recording discs
23 Besser-­‐Albany-­‐Audio Digi/za/on 4Source:
/26/2016 Howard Besser
24 4 4/30/16 Wire recordings Audio tape
•  1930s, 1940s in Germany (largely at AEG)
•  After WW2, developed in the U.S.
•  1947: Ampex has tape in studios:
•  longer recording possible
•  editing with a razor blade
•  1960s, 1970s: cassettes, many formats
•  Tape still used today, not so much for sound
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 25 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 26 Digital recording
•  Now, digital recording
•  Many file formats
•  Many devices to play on (sound system,
computer, iPad, telephone...), and both download
and streaming
FORMAT IDENTIFICATION Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 27 Format identification
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 28 List of old audio formats
•  Identify what you have
•  Information on the web (e.g. Google: “identify
audio formats”)
•  Find information on how to convert to digital
•  Preserve analog format as an artifact
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 29 Besser-­‐Albany-­‐Audio Digi/za/on 4Source:
/26/2016 Howard Besser
30 5 4/30/16 De-­‐laminated Disk FORMAT DETERIORATION ISSUES Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 31 Glass Disks easier to repair (clean breaks and don’t bend) (NARA) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 32 IRENE 33 INA’s version of IRENE Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 34 INA’s version of IRENE 35 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 36 6 4/30/16 Lost Tapes, Found SoundsExhibi/on Lost Tapes, Found SoundsExhibi/on Harold Schellinex Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Harold Schellinex 37 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 38 ¼“ Audio Tape warped, curled, briGle, stepped pack (NARA) UNDERSTANDING AUDIO TAPE FORMAT Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Structure of Tape Van Bogart http://www.clir.org/pubs/reports/pub54
39 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 40 Tape Substrate •  Early tape used cellulose acetate – Moisture/hydrolysis – Vinegar syndrome •  More recent tapes are polyester terephthalate (PET) or polyethylene napthalate (PEN) •
•
– Chemically stable – Resist hydrolysis and oxida/on Binder--Functions as a carrier for the recording material & Bonds it to the substrate
Substrate--Base material on which the recording material is coated (eg. an aluminum
platter or a thin ribbon of polyester film)
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 41 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 42 7 4/30/16 Binder Layer Magnetic Particles •  Store recorded information
•  Change in magnetic properties can result in
loss
•  Holds the magne/c par/cles to the base •  Where the problems are likely to occur w  binder-­‐base adhesion w  oxide shedding w  dropoff w  hydrolysis w Magnetic remanence - ability to retain a
magnetic field
w Coercivity - ability to resist demagnetization
w Magnetic deterioration of the metal
particulate and chromium dioxide materials
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 •  s/cky shed •  magne/c head clog •  Tape baking as one solu/on 43 Longitudinal Recording Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 44 Tape Pack Problems Van Bogart http://www.clir.org/pubs/reports/pub54
Van Bogart http://www.clir.org/pubs/reports/pub54
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Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 45 Tape Pack Problems Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Storing Tapes •  Tapes should be stored fully and /ghtly wound in one direc/on or the other •  Store tapes upright (like a book) •  Do not store near poten/al magne/c fields •  Storage cases should be opaque and kept away from source of light and humidity •  Do not store tapes in plas/c bags •  Exercise the tape every few years Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 47 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 48 8 4/30/16 Temperature & Humidity for Tape Storage •  Variance of less than 2ºC and 5% RH per 24 hours •  Ideally 8ºC and 25% RH •  Other op/ons –  20°C (68°F) and 20-­‐30% RH –  15°C (59°F) and 20-­‐40% RH –  10°C (50°F) and 20-­‐50% RH •  Never store below 8ºC amianet.org 2003, & ISO 18923 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 49 RISK ASSESSMENT Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 50 Steps
Risk assessment
•  Identify what you have (what kind of tape, discs,
cylinders etc.)
•  Determine the “health” of the media (age,
deterioration, whether you can still play it)
•  Can you fix anything? (cleaning, flattening discs,
relubricating tape, etc.)
•  What are the trends in technology? (choose
established, widely used, compatible technologies)
•  Convert to digital
•  Helps you gain control
•  Helps understand the priorities
•  Work out a program to do the work
•  Lots of help available on the web
•  Put into a Preservation repository
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 51 Evaluating the risk
52 Converting
•  Formats no longer in use
•  Formats that will soon be no longer in use
•  Carriers that have deteriorated
•  Documents most consulted
•  By age and chemical, physical stability
•  By the number of copies available
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 •  The challenge is to preserve the contents, not
the carrier
•  It is not necessary, nor desirable to convert
everything at once
•  You need to plan the transfer:
•  Good cost-benefit ratio
•  Progressive, using evaluation criteria
•  A function of resources (staff, money available)
53 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 54 9 4/30/16 NYU University Archives Internship Project Acid Detec/on results/autocataly/c point readings University Archives
Collections
Total # of
items
0 – 1.0
% of 0 – 1.0
1.5 – 3.0
% of 1.5
– 3.0
University Archives
(in total)
400
325
81%
75
19%
Audio Visual 107
82
77%
25
23%
0%
Brademas Papers 75
75
100%
0
Classics Dept. Tapes
101
100
99%
1
1%
Dept. of Athletics
14
4
29%
10
71%
External Affairs
2
2
100%
0
0%
Abby Weed Grey
37
37
100%
0
0%
Alice V. Keliher
10
10
100%
0
0%
Miscellaneous Films
45
6
13%
39
87%
Annette Weiner
9
9
100%
0
0%
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 REFORMATTING FOR PRESERVATION 55 Preservation
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 56 Studer Professional Audiotape Player •  Analog audio formats never stabilised
•  No advantage to storing analog formats only
•  Digitizing is the route to preservation
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 57 FADGI Guidelines for A/D Systems hGp://www.digi/za/onguidelines.gov/guidelines/digi/ze-­‐audioperf.html Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 59 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 58 Audio Digi/za/on Set-­‐up Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 60 10 4/30/16 Audio Digi/za/on Set-­‐up Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 ARSC Guide 61 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 62 IASA Guidelines IASA Special and Technical Publica/ons An Archive Approach to Oral History (1978) Ethical Principles for Sound and Audiovisual Archives (2010) IASA Cataloguing Rules (1999) / Reglas de Catalogación de IASA (2005) Task Force on Selec/on for Digital Transfer (2003) Selec/on in Sound Archives (1984) Sound Archives: A Guide to Their Establishment and Development (1983) IASA-­‐TC 03 (2005) The Safeguarding of the Audio Heritage: Ethics, Principles and Preserva/on Strategy •  IASA-­‐TC 04 (2009) Guidelines on the Produc/on and Preserva/on of Digital Audio Objects •  IASA-­‐TC 05 (2014) Handling and Storage of Audio and Video Carriers •
•
•
•
•
•
•
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 63 IASA Guidelines Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 64 Audio Digi/za/on (A/D conversion) frequency and quan/za/on 65 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 66 11 4/30/16 BWF
Audio Digi/za/on •  Sampling rate •  BWF is an extension of WAVE, developped by the
European Broadcasting Union (EBU)
•  Allows adding metadata to ensure
interoperability among systems
•  Like WAVE, file size limited to 4 GB
•  This is why RF64 was developped
–  48 kHz simple voice –  96 kHz more complex sounds (including music) •  24 bits deep •  Broadcast Wave Format—BWF (.wav) –  For files larger than 4 GB, use MBWF / RF64 (EBU), compa/ble with WAV/BWF Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 67 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 68 Embedding Metadata More on Metadata •  FADGI Broadcast WAVE Metadata Embedding Guidelines hGp://www.digi/za/onguidelines.gov/audio-­‐visual/
•  Be sure to note technical metadata about the reformaXng process and source material •  You can also store metadata in your “normal” non-­‐embedded loca/ons •  Be careful about improper aGribu/ons-­‐ documents/Embed_Guideline_20120423.pdf •  BWF MetaEdit hGps://sourceforge.net/projects/bwfmetaedit/ Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 69 Churchill “Finest Hour” Speech 70 Storing Preserva/on Files •  hGp://www.historyplace.com/speeches/
churchill-­‐hour.htm •  really Norman Shelley •  LTO is only acceptable tape storage format •  Spinning disks are fine •  Regular refreshing will be necessary, but cam be done lossless if planned well •  CDs can be problema/c-­‐ –  hGp://www.theguardian.com/media/2000/oct/
29/uknews.theobserver Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 71 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 72 12 4/30/16 Storing on CDs becomes a big problem over /me Storage Media •  Removable media (like CDs) is not a long-­‐term answer •  The long-­‐term answer requires ongoing management, and involves regular migra/on or emula/on. This solu/on is only viable with storage on LTO tapes or spinning disks-­‐ Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 73 Consumers replace their CDs with a hard disk (& so should you) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 74 Managed Environment •  More than temperature & humidity control •  Periodic monitoring of the works •  Periodic monitoring of the technical environment for viewing the works (sowware, systems, hardware) •  Trusted repositories Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 75 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 76 But more on ongoing management of a work without worrying so much about physical embodiment Consumer!
Producer!
LEGAL ISSUES FOR AUDIO DIGITIZATION Management!
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 77 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 78 13 4/30/16 Legal Issues for Audio Digi/za/on-­‐ •  Copyright •  More people have access to the Digital, so it’s easier for a li/gious person to find it and complain •  While we have clear preserva/on reformaXng rights to make back-­‐up copies on the same type of media, it’s not crystal clear that we have those same rights if we change the substrate media from analog to digital –  audio-­‐specific and digital-­‐specific issues –  underlying rights issues •  Privacy •  Defama/on •  Other Underlying Sensi/ve Issues (Cultural Sensi/vity, Human Rights, Right of Publicity, etc.) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Why is © a bigger issue for Digital than for Analog? 79 Why is © a bigger issue for Media than for Text? Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 80 Why is © a bigger issue for Audio than for other Media types?-­‐ •  Sec/on 108 of the © law (Library Excep/ons) treats Media different from Text •  “The rights of reproduc/on and distribu/on under this sec/on do not apply to a musical work, a pictorial, graphic or sculptural work, or a mo/on picture or other audiovisual work other than an audiovisual work dealing with news, except that no such limita/on shall apply with respect to rights granted by subsec/ons (b), (c), and (h), or with respect to pictorial or graphic works published as illustra/ons, diagrams, or similar adjuncts to works of which copies are reproduced or distributed in accordance with subsec/ons (d) and (e).” Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 81 Just figuring out when © expires is complicated Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 82 Pragma/c Considera/ons: Public Domain-Unpublished Works
Type of Work
Copyright Term
in US public
domain as of
1/2009
Unpublished works
Life of the author + 70
years
Works from authors who
died before 1939
Unpublished anonymous
and pseudonymous
works, and works made
for hire (corporate
authorship) 120 years from date of
creation
Works created before
1889
Unpublished works when
the death date of the
author is not known
120 years from date of
creation
Works created before
1889
83 14 4/30/16 Copyright Navigator tool hGp://navigator.carolon.net/ © Expira/on Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 85 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 86 Peter Hirtle’s “Copyright Term and the Public Domain in the United States” Copyright Navigator tool hGp://navigator.carolon.net/ hGp://copyright.cornell.edu/resources/publicdomain.cfm Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 87 It’s much more complex for Audio Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 88 It’s much more complex for Audio •  Any audio recorded before 1972 did not fall under Federal copyright law •  So these recordings are subject to State laws, which vary from state to state Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 89 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 90 15 4/30/16 Fall 2014 Calif Court Ruling And others are even more upset than us Flo & Eddie vs. Sirius XM Radio •  Pre-­‐1972 sound recordings don’t include public performance rights •  In California, any digital radio needs to separately nego/ate licenses with audiorecording (performance) rightsholders for any works fixed before February 15, 1972 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 91 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Background: Underlying Rights It’s a Wonderful Life §  Archives may have a right to the whole but not have a right to the
components.
§  Third party information, underlying rights are often granted for a
limited time or a particular kind of use, or a particular geographic
region. This is particularly salient for multimedia works.
§  Eyes on the Prize, I-early 1987; II 1990
§  became unavailable due to lapsed underlying rights by mid 90s
§  Jan-Feb 2005 Eyes on the Screen civil disobedience
§  Aug 2005 Grants for clearing rights ($600K Ford, $250K anonymous)
announced
§  Needed to clear video from 82 archives, 273 stills from 93 archives, 120
song titles, many of which weren’t able to be cleared (so were either
silent, or had substitutions)
§  $850K was just for fees for content-holders, and didn’t cover all the
research, writing, begging, legal wrangling, …
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 93 Re-­‐showing 1970 Earth Day documentary 92 photos in Barbara Kruger works- Kruger’s Un8tled 1990 (It’s a small world but not if you have to clean it) underlying image from Thomas Hoepker’s “Charlotte as seen by Thomas,”
Originally published in German photography magazine Foto Prisma in 1960
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 94 Underlying Rights are everywhere §  The copyrighted music playing in the background of an audiotaped interview (even someone passing by in the street with a boom box or loud car radio) §  The music used in radio show where the producer only got one-­‐/me broadcast rights, 10-­‐year non-­‐theatrical distribu/on rights, … §  The web page that displays a copyrighted photo by linking to it (not actually copying it) §  … Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 95 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 96 16 4/30/16 This is not only a problem for film/video producers, but also for archives & exhibitors Underlying rights
§  Impacts many different types of records and collections
•
§  3rd party information, underlying rights (from collage to incidental
capture (music playing in background of famous person’s home movie)
§  Rights granted for limited time or for particular use or particular
geographic region
•
§  Often impacts the Archive’s ability to show works to researchers;
sometimes inhibits the Archive’s ability to make preservation copies
§  Some European countries have exemptions for “incidental capture”
•
•
•
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 97 1. You hereby grant AMIA permission to record, edit, transcribe, duplicate, distribute, and publicly perform your presenta/on as delivered at this program, in any and all media now exis/ng or hereawer developed, throughout the world. •  4. You warrant that your presenta/on and any other material you submit are original with you, and/or licensed for this purpose, and that their publica/on will not infringe on the rights of others, and that you have full power to grant this license. Should your presenta/on or other materials require permission from another for use by AMIA, you agree to obtain that permission from the copyright proprietor consistent with this Agreement and, on request, to provide a copy of it to AMIA. (underlining added) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 98 •  3. I agree not to incorporate into the course materials package copies, concepts, models, or materials from sources that are copyrighted and for which permission has not been secured. •  2. I agree that SAA shall own copyright to the course and all related materials which are iden/fied in this agreement. I will request wriGen permission from SAA prior to using any part of the course materials for any other purpose than an SAA-­‐sponsored workshop 99 ALCTS Speaker Agreement LeGer •  “…You represent and warrant that you have secured permission to use or reproduce all materials and content not in the public domain or by you. You further represent and warrant that you are the sole creator and copyright owner of the presenta/on and have full power to enter into this agreement. You shall indemnify and hold ALA harmless against loss, including reasonable aGorney’s fees, or liabili/es occasioned by any breach of these warran/es.“ •  (what about Fair Use?) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 SAA Contract for “Legal Issues” curriculum development AMIA Conf Recording Contract •
If the producer relies upon “fair use” or “public domain” instead of clearing ©, everyone downstream insists upon indemnifica/on A distributor won’t handle a work that hasn’t explicitly cleared every /ny © hurdle An exhibi/on venue (a broadcaster or even an archive) will be reluctant to exhibit a work unless every single sub-­‐piece has cleared © A funding agency owen won’t give resources to an archive wan/ng to restore a work unless they’re convinced that it can be shown or copied without © restric/ons Even professional organiza/on such as AMIA insists that we sign a contract sta/ng that we’ve cleared © for every liGle thing we want to show as part of a conference Talk-­‐ 101 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 100 How to Cope /© Complexity? (1/3) •  Don’t look for absolutes; employ Risk Assessment •  Try to an/cipate issues before they become problems –  Whenever possible, get donor and other agreements and releases at point of accession/ingest that cover poten/al future issues. If you record Oral Histories, try to get a summary of the release on the recording itself. –  Any restric/ons in Donor Agreements should be “machine ac/onable”, and try to have your system send no/ces that it is /me to liw a restric/on –  If appropriate, get donors to execute Crea/ve Commons licenses •  Show good faith –  Act in an ethically sound way –  Be as concerned about your responsibili/es to stakeholders as you are to following the leGer of the law –  Try to balance creators’ needs (© & privacy) w/users’ needs (access) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 102 17 4/30/16 How to Cope /© Complexity? (2/3) How to Cope /© Complexity? (3/3) •  Develop internal guidelines and try to follow them –  Internal guidelines should be close to “best prac/ces” in the archival field (or related fields) –  Guidelines should include “due diligence” •  Keep detailed records of any rights searches you’ve done, any release forms received, etc. •  Be clear that if you’ve made mistakes, you will try to act quickly to rec/fy them –  For Orphan works put online, state clearly that a known rightsholder should contact you –  Have a take-­‐down policy that lets you respond quickly to what appear to be legi/mate requests Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 103 Dealing with Counsel •  A single lawyer assigned to a much larger en/ty than the Library (a city government or university) might not be well-­‐versed in © law •  Lawyers tend to be over-­‐cau/ous; they want to prevent even the possibility of any trouble •  A lawyer who does not work regularly with libraries probably does not understand library world mandates or ethics ranging from access mandates, to donor or 3rd party protec/on, to dissemina/on of records, to maintaining authen/city •  If your lawyer is not regularly familiar with our field, you will need to stress the aforemen/oned mandates/ethics, and you may need to point them to: lawyers who regularly work with the field, online resources and guides or par/cular cases in the area of issue (© sec/on 108, fair use, defama/on, etc.) •  Your Counsel should be working for you and with you Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 105 There will never be a single Formula for handling © Issues •  © Law is too complex, and hinges on what may seem like minor details that differ from one collec/on to another •  In each group of collec/ons, we need to assess risks, and ideally follow a copyright audit check-­‐list Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 107 •  On streaming or download pages, state clearly that: –  you have put in significant /me trying to verify and credit all appropriate par/es –  you would appreciate any correc/ons because you want to be accurate –  if someone feels that their rights have been violated, they should contact you immediately (and give them a contact email address) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 104 Well-­‐inten/oned prac/ce (W-­‐IP) for puXng digi/zed collec/ons of unpublished materials online •  Prepared by OCLC Research •  Endorsed by SAA Council •  “to develop streamlined, community-­‐accepted procedures for managing copyright in the digital age that would cut costs and boost confidence in libraries’ and archives’ ability to increase access to unpublished materials online.” -­‐hGp://www.oclc.org/news/releases/2011/201153.htm Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 106 Columbia U © Advisory Office •  Fair Use Checklist hGp://copyright.columbia.edu/copyright/fair-­‐
use/fair-­‐use-­‐checklist/ •  Checklist on Copies for Private Study hGp://copyright.columbia.edu/copyright/
libraries-­‐and-­‐copyright/copies-­‐for-­‐private-­‐study/ •  Checklist on Copies for Preserva/on or Replacement hGp://copyright.columbia.edu/copyright/files/
2009/10/copyrightchecklist108preserva/on.pdf Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 108 18 4/30/16 Privacy is part of Library and Archive Ethical Standards Protec/ng Privacy of Users •  “Archivists protect the privacy rights of donors and individuals or groups who are the subject of records. They respect all users’ right to privacy by maintaining the confiden/ality of their research and protec/ng any personal informa/on collected about them in accordance with the ins/tu/on’s security procedures.” •  ISPs, corporate content providers, & libraries all have wriGen policies designed to protect the privacy of their users •  One of the main techniques that libraries and some ISPs use is to delete informa/on (circula/on records, older email) regularly, so that they won’t have it when a subpoena comes •  Part of a Data Reten/on Policy includes elimina/ng data -­‐hGp://www2.archivists.org/standards/code-­‐of-­‐ethics-­‐for-­‐archivists Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 109 EFF’s “Develop a Data Reten/on and Destruc/on Policy” (1/3)
hGps://ssd.eff.org/your-­‐computer/protect/reten/on Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 110 EFF’s “Develop a Data Reten/on and Destruc/on Policy” (2/3)
•  This is called a "document reten/on policy," and it’s your best defense against a subpoena — they can’t get it if you don’t have it. And the only way to make sure you don’t have it is to establish a policy that everyone follows. Set a clear wriGen policy for the length of /me documents are kept (both electronic and paper documents). Having a wriGen policy and following it will help you if you are accused of destroying documents to hide evidence. •  Web Browsers: You need to take regular steps to clear out all the stuff it’s been storing, such as a history of the web sites you’ve visited and the files you’ve downloaded, cached copies of web pages, and cookies from the web sites you visit... In par/cular, it’s a bad idea to have the browser save your passwords for web sites, and it’s a bad idea to have it save the data you’ve entered into web forms. •  IM: Many instant messaging (IM) clients are set by default to log all of you IM conversa/ons. You should check the sowware's preferences so you know what it's doing, and figure out how these logs fit into your reten/on policy. Will you clean them out every month? Every week? Or will you take the simple route and just set the preferences so that your IM client doesn't log any messages at all? •  Minimize computer logging: If you run a network, an email server or a web server, you should consider reducing or elimina/ng logging for those computer and network services, to protect the privacy of your colleagues and your clients. Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 111 EFF’s “Develop a Data Reten/on and Destruc/on Policy” (3/3)
•  When you delete computer files, really delete them: When you put a file in your computer’s trash folder and empty the trash, you may think you’ve deleted that file — but you really haven’t. Instead, the computer has just made the file invisible to the user, and marked the part of the disk drive that it is stored on as "empty" — meaning, it can be overwriGen with new data. But it may be weeks, months, or even years before that data is overwriGen, and the government’s computer technicians can owen retrieve data that has been overwriGen by newer files. Indeed, no data is ever really deleted, just overwriGen over /me, and overwriGen again. •  Summary: For example, your wriGen policy could mandate that, at the end of each week you should: –  Delete any emails or other documents that are scheduled for dele/on under your policy. –  Clear your browser of all logs. –  Run your secure-­‐dele/on sowware to overwrite all of the newly deleted stuff. Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 113 112 3rd Par/es & Personal records •  As number of records increases w/digital, so does the amount of personal (as opposed to corporate or governmental) and 3rd party material •  A similar increase in personal and 3rd party material comes from collec/ng email, chats, tweets, etc. Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 114 19 4/30/16 Protec/ng Privacy of Donors & 3rd Par/es Protec/ng Privacy from Govt Intrusion •  Patriot Act & Na/onal Security LeGers •  Promise of Confiden/ality vs complying w/
subpoena •  The only way to try to protect this material is: –  De-­‐accessioning (but some/mes this involves important records where only small parts are sensi/ve) –  Embargoing un/l the sensi/ve becomes far less sensi/ve (ie. Named people die) –  Redac/ng the sensi/ve parts –  2011 Subpoena of College Oral Histories hGp://chronicle.com/ar/cle/The-­‐Whole-­‐Story-­‐
Behind-­‐the/128137/ •  2011 Compliance w/subpoena possibly endangering lives •  Within the archival records •  Upon disclosing the records –  Subpoenaing records of undercover agent hGp://www.courthousenews.com/
2011/12/07/42035.htm –  Coding names to protect privacy, human rights, prevent defama/on, … Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 115 (1/2) •  In some jurisdic/ons, even non-­‐digital oral histories cons/tute “published” material in terms of defama/on (Calif Supreme Court ruling on Bancrow •  Human Rights hGp://www2.archivists.org/news/2007/california-­‐court-­‐rules-­‐on-­‐defama/on-­‐and-­‐
oral-­‐history •  So, web-­‐published oral histories (and likely other types of records) should certainly be considered “published”, and subject to defama/on suits –  Genocide tes/mony (can result in revenge on family members)—Rwanda –  Documenta/on of oppression of women (Witness in Congo, RAWA in Afghanistan) •  Laws of different countries –  France, Germany-­‐-­‐Nazi advocacy or revisionism –  Turkey-­‐-­‐Armenian records about post-­‐WWI era using word “genocide” 117 Other Underlying Sensi/ve Issues-­‐-­‐
Examples
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 118 Further Legal Issues Readings (2/2) •  Pornography •  Right of Publicity –  “use of a person’s name, likeness, or other personal aGribute” –  Each state has a different law on this •  Tradi/onal Knowledge (new WIPO protec/ons proposed) –  tradi/on-­‐based literary, ar/s/c or scien/fic works; performances; inven/ons; scien/fic discoveries; designs; marks, names and symbols; undisclosed informa/on; and all other tradi/on-­‐based innova/ons and crea/ons resul/ng from intellectual ac/vity in the industrial, scien/fic, literary or ar/s/c fields –  knowledge systems, crea/ons, innova/ons and cultural expressions which: have generally been transmiGed from genera/on to genera/on; are generally regarded as pertaining to a par/cular people or its territory; and, are constantly evolving in response to a changing environment Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 116 Other Underlying Sensi/ve Issues—
Examples
Defama/on (libel & slander) Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 119 •  Brandon Butler, “Audio Preserva/on: The Legal Context”, chapter 8 of ARSC Guide to Audio Preserva/on, CLIR, May 2015 hGp://www.clir.org/pubs/reports/pub164 •  Brandon Butler and Peter Jaszi, Fair Use and Sound. Recordings: Lessons from Community Prac/ce, Appendix A of ARSC Guide to Audio Preserva/on, CLIR, May 2015 hGp://www.clir.org/pubs/reports/pub164 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 120 20 4/30/16 Maybe we have to violate the law? Legal Issues for Audio Digi/za/on •
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Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 121 hGp://besser.tsoa.nyu.edu/howard/Talks Peter Hirtle’s © Chart hGp://copyright.cornell.edu/resources/publicdomain.cfm hGp://www.librarycopyrightalliance.org/ Interna/onal Study on the Impact of Copyright Law on Digital Preserva/on (2008) hGp://eprints.qut.edu.au/14035/ hGp://besser.tsoa.nyu.edu/howard/Papers/interpares-­‐copyright.pdf hGp://www.copyright.gov/orphan/ hGp://www.sec/on108.gov/ hGp://besser.tsoa.nyu.edu/howard/Copyright/commons.html hGp://books.nap.edu/html/digital_dilemma/ hGp://www.copyright.gov/ Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 122 Archiving Composer Websites hGp://www.nyu.edu/about/news-­‐publica/ons/news/2015/03/27/nyu-­‐libraries-­‐to-­‐team-­‐with-­‐internet-­‐archive-­‐to-­‐preserve-­‐high-­‐
quality-­‐musical-­‐content-­‐on-­‐the-­‐web.html •  Collect, preserve, & make available Websites of Composers •  $480,000 grant from Mellon to NYU Library/
MIAP/Internet Archive •  Dealing with the issue that contemporary composer websites go up and down (and also incorporate rela/onship-­‐building btwn composer and fans) •  Addressing the problems of collec/ng streaming media-­‐ WEB ARCHIVING ISSUES Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 123 Archiving Composer Websites 124 Archiving Composer Websites Archive-­‐It Issues w/Streaming Media Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Archive-­‐It Issues w/Streaming Media 125 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 126 21 4/30/16 Archiving Composer Websites Archiving Composer Websites Archive-­‐It Issues w/Streaming Media •  Develop good and ongoing rela/onships btwn Libraries and Composers •  Develop Trust –  for developing collec/ons, and con/nuing to add to them –  for Policy reasons •  Allowing for stream capture from different types of architecture –  YouTube –  Flash –  Soundcloud –  Livestream Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 127 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 128 Exhibits & Displays •  Great value in using material from other archives in an exhibit •  But can you be sure that you’re not viola/ng IP Laws when you use material from another ins/tu/on? •  © of the other ins/tu/on (easy; contact them) •  Underlying IP rights that remain unclear CASE STUDIES Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 129 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 130 www.whitmanarchive.org UK Nat’l Archives(?) educa/onal site (Materials taken from Univ of Mich Labadie Collec/on)
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 131 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 132 22 4/30/16 Copyright SHOULD expire some/me; "this is under ©” warnings can be misleading Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 133 135 Collec/ng – Think Tank 134 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 136 Think Tank metadata redundancies •  Guidelines s/pulate that person holding recording device will check to see that /me and date stamp are correct before beginning recording (mostly didn’t happen) •  Guidelines s/pulate that a script be read verba/m at the beginning of the recording, with date, /me, proposed subject, etc. (and would eventually allow voice-­‐recogni/on sowware to create appropriate metadata). Script also stated that all par/cipants agreed to Crea/ve Commons licensing of the recording •  Guidelines requested that date//me be embedded in the applied file-­‐name •  Daily, 2 hours •  Audio capture hardware provided by NYU library (Zoom-­‐H2n) •  Bi-­‐weekly digital file transfers Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Collec/ng – Think Tank “Preserva/on Week” event Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Case Study: Audio recordings of Occupy Wall Street Think Tank 137 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 138 23 4/30/16 Think Tank Guidelines Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Collec/ng – Think Tank 139 140 Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on Collec/ng – Think Tank ==============================================================
/content/prod/process/rstar/bin/rs-xfer/bin/rs-xfer-validate.sh v0.0
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validating /content/prod/rstar/xfer/
CRUCIAL_001_4A1FDAE0-06C0-462F-963C-7D66E75584DA
testing that 'bag-info.txt' file exists
testing that manifest is not empty
executing /usr/local/bin/bag verifyvalid
Result is true.
PASSED bag validation
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/content/prod/process/rstar/bin/rs-xfer/bin/rs-xfer-validate.sh v0.0
current time: 2011-11-29T23:16:55-0500
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validating /content/prod/rstar/xfer/CRUCIAL_002_24DB148F-1B15-4ED2-93DFAF8D63DF05F6
testing that 'bag-info.txt' file exists
testing that manifest is not empty
executing /usr/local/bin/bag verifyvalid
Result is true.
PASSED bag validation
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current time: 2011-11-29T23:19:24-0500
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Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 141 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 142 Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 143 144 24 4/30/16 Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 145 Case Study: Thailand’s Public Rela/ons Dept’s Audio Digi/za/on 146 Audio Digi/za/on for Preserva/on & Access •  http://besser.tsoa.nyu.edu/howard/Talks/
•  http://www.iasa-web.org/ (particularly the TC-04
recommendations) http://www.iasa-web.org/tc04/audiopreservation
•  ARSC Guide to Audio Preservation http://www.clir.org/
pubs/reports/pub164
•  The State of Recorded Sound Preservation in the United
States: A National Legacy at Risk in the Digital Age
http://www.clir.org/pubs/reports/pub148
•  http://cool.conservation-us.org/bytopic/audio/
•  https://en.wikipedia.org/wiki/Pulse-code_modulation
•  http://audacity.sourceforge.net/
Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 147 148 Besser-­‐Albany-­‐Audio Digi/za/on 4/26/2016 25