Copyright and Community-Driven Archives

When it comes to protecting intellectual property that is part of your or your community’s history, it helps to understand what legal rights apply to your materials. 

Community-based archives are a pathway for groups of people to exercise self-determination over the collection and interpretation of their histories. Historically marginalized communities draw on community-archival methods to preserve and share stories that are often missing from institutional archives and dominant historical narratives.

It is especially important to many of our partner history keepers through our Community-Driven Archives initiative to know what rights they and their community collaborators have over their stories and historical records. This requires an understanding of copyright and how it works.

What is copyright?

According to Anne Gilliland, Scholarly Communications Officer with UNC Libraries, copyright is your legal right to determine the permitted uses of your tangible expressions of creative work. What does that mean and what kinds of things amount to “tangible expressions of creative work”?

This is not an exhaustive list, but it does give you a sense of what kinds of things are legally under copyright:

    • Musical compositions
    • Films
    • Artwork/media
    • Oral histories
    • Photographs

One big takeaway is that copyright does not cover non-recorded stories and ideas.

Many of our collaborators are rightfully concerned about their control over future uses of their shared stories and materials. Many have heard about or know of an example of someone’s story making its way to Hollywood or on the radio or even featured on a city-sponsored project without the knowledge of that person or their descendants.

While acknowledging on one hand the gaps, omissions, and injustices of U.S. laws, our goal as a Community-Driven Archives Team is to help history keepers get familiar with a few best practices for making use of the legal protections that are available. We also want to help groups and institutions who work with oral histories and other people’s historical materials take the proper steps before making use of someone’s story or creative work.

Copyright Best Practices

Best Practice #1: Assume that every creative work is under copyright until you know that it is not.

the Old Well at UNC-Chapel Hill surrounded by Spring flowers
An example of an image in the public domain featuring UNC-Chapel Hill. Credit: Jack a lanier, CC BY-SA 4.0, via Wikimedia Commons

Most creative works are automatically under copyright unless the copyright holder (the creator or their designated heirs) explicitly gives away their copyright or the record goes into the public domain, which usually takes about a century.

Just because you found it online does not mean that you are free to share it. Most online materials are under copyright.

Look for ways to seek permission to share or reuse the item in question. Sometimes, a simple web search will clue you in on permission requirements; other times, you may need to take the time to track down heirs and make phone calls to descendants for consent. If you are working with an institutional archive, staff members can help you track down creators for permission. If you cannot find someone to provide consent, then you can investigate fair use, which is a framework to help you assess whether you can fairly justify the use of copyrighted materials without the permission of the creator or someone authorized to provide consent.

The item may also be free to use because it is in the public domain. This applies to many items, including those created by the federal government and those that date back to the early 20th century or earlier. To learn what groups of historical and cultural materials have passed into the public domain, you can check out this chart updated each year by Cornell University.

A black and white image of four white male-presenting people in front of the Old Well at UNC
This 19th-century photograph of the Old Well at UNC-Chapel Hill is another example of an image in the public domain, this time because it is over a century old. From the North Carolina Collection at the Wilson Special Collections Library at UNC-Chapel Hill

Best Practice #2: For oral histories, interviewers should always ask their interviewees for their consent and their terms of reuse.

According to our lawyer-in-residence, Anne Gilliland, oral histories are considered a joint creation between the interviewer and the interviewee.

For interviewers:

Bernetiae leans over a group of seated African American women to assist them during a training
CDA Team member Bernetiae Reed leads an oral history training in San Antonio, TX, November 2017. Courtesy UNC CDAT

If you are a community archivist wanting to preserve and/or share oral histories you have collected, you should create a consent form where your interviewee gives you permission to record their story. This form should outline the allowed uses for the recorded interview. Consent forms also ask about additional restrictions, if any, that interviewees require for the sharing of their interview. If it applies, interviewees should also be informed about the institutional repository (i.e. archive, library, museum, etc.) to which their materials will be donated.

A license is a way of communicating the terms for allowed uses of creative works (such uses include: display, distribution, performance, reproduction, derivative works, and audio transmission). For example, a license can state that someone’s interview should be used only for educational and/or nonprofit purposes, or only if the original format is not altered (i.e. no derivative works can be adapted from the interview). Creative Commons licenses are popular and give creators standardized language for their terms of reuse.

For interviewees:

Unless the form you sign says so explicitly, signing a consent form does not mean that you are giving away your copyright. Creators maintain their copyright for at least the duration of their lifetime, unless they formally agree to end their copyright. If you are being interviewed, it is important that you feel comfortable with the terms of the interview. Take the time to read through the consent form to make sure you agree with the license laid out there. Read the section above for more information about creating a license.

Best Practice #3: Be upfront about your mission and goals with your audience and your collaborators.

Why are you making your works or materials available to members of the public? Make it clear to potential audiences. For example, if you want to share your creative works with public audiences for educational purposes, that tells you something about your mission. Perhaps your mission is to inspire people in Chapel Hill, NC to take action for environmental justice through sharing nature photographs from the 1970s and 80s with web users. Write up that mission and share it on your website. If you are concerned that people might use your photographs for purposes outside the scope of your mission, make sure your license for reuse is somewhere prominent and easy to find on your site.

If you are asking someone to sign a consent form that would allow you to share their digitized image, oral history, or creative work with public audiences, be upfront with them about the mission and goals of your project. This helps build trust. If your collaborator likes your project and appreciates your intended use of their materials, they will be less likely to require additional restrictions be placed on the material, which will make it easier for you and others to use and share it over time. Again, it is important to make sure you and your collaborator agree on the terms of use for their materials, and that the related license is easily accessible with the terms of use clearly presented to public audiences.

Best Practice #4: For sensitive materials, consider alternative ways of sharing them with selected audiences.

If you are concerned with how members of the public will share or use your materials, think about limiting your terms of use.

For digitized items (physical papers or photographs that are scanned and made into a digital file), consider creating a private space online to share them only with select members of your community. Or share them widely but upload a version of the file that is stamped with a watermark to prevent unintended uses. Signing a consent form to share your digitized materials with any history keeper or institutional partner does not mean you are giving away your copyright.

If you are sending items to a repository (e.g. institutional archive, library, museum, etc.), make sure you are also clear with that institution on your terms of use. Review all forms they ask you to sign to ensure that you retain your copyright and ask that your preferred license be included (a.k.a. your terms of use). Let the institution know if you intend for your materials to be a loan or a permanent gift. If it is a loan, indicate when and under which conditions materials should be returned to their owner.

If you are worried about any unintended uses of digitized materials shared with a repository, consider asking your institutional partner to keep your materials off the internet or to share them selectively, as outlined above.

Additional Resources

For more about community-based archives and considerations for project partnership on the Southern Sources blog:

What’s In an Archive? Deciding Where Your Historical Materials Will Live

The Community-Driven Archives Project at UNC-Chapel Hill is supported by a grant from the Andrew W. Mellon Foundation.

Follow us on Twitter: @SoHistColl_1930 #CommunityDrivenArchives #CDAT #SHC

All Hands on Deck at Hobson City’s Museum: Interview with Pauline Cunningham

In August 1899, the determined leaders of Mooree Quarters, the Black neighborhood of Oxford, Alabama, formed a separate town: Hobson City. It would be the first incorporated Black municipality in Alabama and the second in the nation.

Black and white images of road signs, with one priminent sign reading: Welcome to the Historic Hobson City
Still image from Hobson City: From Peril to Promise by Hiztorical Vision Productions, www.hiztoricalvp.org, Courtesy Theo Moore

Over the next several decades, Hobson City developed into a magnet for Black excellence and entertainment in the South. Today, Mayor Alberta McCrory wants to share the remarkable history of Hobson City and other historic Black towns in Alabama at the Hobson City Museum.

Group of femme-presenting Black people wearing white gloves around a table covered with historical objects, which they are wrapping in white paper
Left, front to back: Pauline Cunningham; Michelle Robinson (Spelman College). Right, front to back: Bobbie Jean Wright; Dories Jennings; Mayor Alberta McCrory. Packing museum collections at Hobson City Museum at Town Hall. Courtesy UNC CDAT

Through a partnership with the University of North Carolina at Chapel Hill Libraries’ Community Driven Archives (CDA) project, Hobson City Museum hosted a workshop in March 2020 that focused on caring for museum collections. Three UNC Libraries staff members provided training to residents of Hobson City and nearby Anniston on how to clean, handle, store, and inventory plaques, textiles, trophies, and photographs that document the contributions of local leaders such as James “Pappy” Dunn. Town Hall Clerk Pauline Cunningham was the Hobson City coordinator for the workshop and also participates in another CDA archival training program called Archival Seedlings.  I met with Pauline over Zoom to reflect on our collaboration in March and the future of the Hobson City Museum.

Room filled with museum cases and an array of plaques, trophies and other historical items
Trophies, plaques, and other museum items at the Hobson City Museum at Town Hall. Courtesy UNC CDAT

Conversation with Hobson City, Alabama Collaborator Pauline Cunningham

Q: What is the purpose of Hobson City Museum?

Pauline Cunningham: To be educational and show the history of Hobson City and who was all involved in making a change in Hobson City.  We started with [James] “Pappy” Dunn because he invested so much time, money, and energy in making a change for Hobson City.

Q: Who do you see as the visitors, and what kind of information do you hope they get out of it?

PC: We want people from all over—all over the United states, all over the world—to be able to come, see, learn, and understand the struggle that Hobson City has had in the past; and maybe in due time we’ll also show the struggle that’s happening right now.  Not because of COVID-19, just because of the economy.

Q: What was the museum’s goal for the workshop in March, and was it met?

Group of femme-presenting Black people around a table with computers and putting photographs and papers into folders.
Left: Dories Jennings. Right, front to back: Gina Young; Pauline Cunningham. Describing museum collections. Hobson City Museum at Town Hall. Courtesy UNC CDAT

PC: Not knowing anything, I feel like we learned so much. We learned how to archive, how to clean with the right agents.  We learned how to do so many things. How to preserve. It was so educational. I think my downfall is going to be, the people [who] were there this year to learn, [they] might not be there when [COVID-19] is over. I plan to try to write everything down and to make what we call a SOP [Standard Operating Procedures] for the military—how to do each step. I would love to add a DVD to it with all the videos that we had when learning from the different presenters [our series of how-to webinars through the Archival Seedlings program].

Q: The workshop happened as COVID-19 cases started to spread nationally. How did COVID-19 affect the museum in March?  How has it continued to affect the museum?

PC: It really went to a standstill. I’m older. I’m in that population that you don’t need to be out there unless you have to be, so it really went to a standstill; that’s the bad thing. The good news, I guess, will be once I start doing the SOP [manual], maybe somebody else can pick it up and keep doing some things; but right now, we’re at a standstill because of COVID-19.

Q: What do you think is the number one challenge going forward with skills gained through the workshop?

Two femme-presenting Black people, one seated cleaning a trophy, the other person, standing, looking on.
Sitting: Pauline Cunningham. Standing: Bobbie Jean Wright. Cleaning museum collections. Hobson City Museum at Town Hall. Courtesy UNC CDAT

PC: The memory that I won’t have if I don’t write it down. And the challenge is going to be getting the right people to continue to help with the museum, even though it doesn’t seem like a large project to some people. But it’s getting that volunteerism to come out and help—to work for the City, to get the City up and running—and I believe those that decide to do it, they’ll do it from the heart. So that’s going to be my challenge: to find the right people to make it continue to go.

Q: Should those people be in the community or people outside?

PC: Both really. Reality: when you guys were down in March, everybody there except for two people were from outside [Hobson City]…including myself [Pauline is a resident of nearby Anniston, AL.].

Q: What is the number one challenge of the museum?

PC: Space…availability for the museum. The challenge is going to be to utilize the space the best way to display or to show what we want to. Part of it [is] going to be the videos of people talking about the history, and some of the pictures, and some of the stuff we’ll just scan to make the rotating [slideshow] and voice behind it—where it came from, who donated it, and why it’s important—that sort of thing. That’s the challenge—putting [in] the right mix for such a small space.

Q: What was your favorite part of the workshop?

A peek inside a box filled with items wrapped in paper
Plaques in the museum collection labeled and stored. Hobson City Museum in Town Hall. Courtesy UNC CDAT

PC: I have two: One was archiving and learning how to do it right, so you can go back and find it on your archive list and where you stored it. And two was the cleaning of the artifacts. That to me was very critical because I would have messed it up! Because I would have used some regular cleaning detergent type stuff. So that—those two—how to store and clean and archive, that was tremendous. I loved it. I loved it.

Q: What question do you wish I asked you? Is there more you’d like to say?

PC: Just that I want to make sure I’m able to put the SOP [manual] together on how to do each thing. If I die tomorrow, somebody else can pick up the ball and run with it and know how to do it right. If I can pull all that together, I would love it. It’s a win-win for the City and for the education provided to us.

Want to learn more about Hobson City?  Visit the town website and watch the documentary Hobson City: From Peril to Progress, 27 min, by Hiztorical Vision Productions.

Read more about our work in collaboration with Hobson City, AL and other members of the Historically Black Towns and Settlements Allliance (HBTSA) on the Southern Sources blog:

Next Stop: The Great State of Alabama

The Community-Driven Archives Project at UNC-Chapel Hill is supported by a grant from the Andrew W. Mellon Foundation.

Follow us on Twitter @SoHistColl_1930 #CommunityDrivenArchives #CDAT #SHC