How To Document
Legal Issues Pertaining To Documenting
LEGAL ISSUES PERTAINING TO DOCUMENTING
I know! I know!
You are probably wondering why in the world do we need to talk about LEGAL issues when all I want to do is document a scribal project! Well, the more “well put together” your project is – the more powerful a force it will be as in the future.
Remember, you are choosing to contribute to history - even if you are documenting your own life and legacy!
If there was one problem that plagues people and their documentation, it’s that they like the “idea” of documenting and conveying powerful narratives but they are often ill-prepared legally.
Up to this point, I have given you a TON of resources -- and this is another NECESSARY one.
Do not worry! What I am sharing is not from an “attorney perspective” but from a journalistic one. This knowledge will help you as a blogger, a non-fiction writer, an essayist, a speechwriter, a photojournalist, a family historian, and in many other ways that expand and impact your scribal project.
Consider this: The legal matters that affect us most will directly or indirectly impact our documentation process and those who may assist us along the way. The heart of the matter is to do as much as you know-how with the information you are learning.
Here are some areas of law that I believe are critical to our projects. (Remember, laws differ from country to country. Where possible, I share resources for international students here that may point where to look. However, many countries do not have laws governing some of these legal issues.)
I want to encourage you to have a basic understanding of the legal topics below.
Copyright Law. According to the United States Copyright Office, copyright is a form of intellectual property law that protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. (Check out Copyright Basics) For more information on International Copyright Laws click here.
If you are in possession of someone’s original works based on the description above, finding out who holds the legal copyright to those documents and what that could for your project is important.
Fair Use. According to the University of Chicago, copyright law provides for the principle commonly called "fair use" that the reproduction of copyright works for certain limited, educational purposes, does not constitute copyright infringement. The Copyright Act establishes a four-factor test, the "fair use test," to use to determine whether a use of a copyrighted work is fair use that does not require the permission of the copyright owner. (Check out Fair Use) Here is some information on International Copyright Basics including Fair Use.
Understanding “fair use” can be invaluable to your scribal project. Take some time, as you can, to learn how this fits within copyright law and how it might benefit your project.
Public Domain. According to Stafford University Libraries, the term “public domain” refers to creative materials that are not protected by intellectual property laws such as copyright, trademark, or patent laws. The public owns these works, not an individual author or artist. Anyone can use a public domain work without obtaining permission, but no one can ever own it. (Check out Public Domain) Also, remember to check your specific country to verify issues surrounding this topic.
Listen, there are TONS of documents, writings, songs, music, textbooks, dictionaries, bibles, photographs, etc. in public domain. There are also numerous government sites that have placed massive types of documentation in public domain as well. Because documentation is a part of research, research writing, and creating histories, the importance of these types of resources are invaluable. (Finally, here is a comprehensive link to many resources that are in public domain and free to use.)
Freedom of Information Act. In the United States, citizens have privileges associated with The Freedom of Information Act. According to the United State Department of State, this act provides that any person has the right to request access to federal agency records or information except to the extent the records are protected from disclosure by any of nine exemptions contained in the law or by one of three special law enforcement record exclusions.
For journalists, this is the Holy Grail. It should be a critical informational repository for all citizens. Unfortunately, very few people are even aware that it exists. I was first exposed to the FOIA as a young adult in my journalism career. (Check out the Freedom of Information Act)
In addition, understand that this trickles down to the state level. As a news journalist, I have used the “Georgia Open Records Act, also called the Georgia Sunshine Law,” to request police reports, court files, autopsy reports, property tax records, deeds, permits and licenses, city and state budgets, etc. It also grants access meetings like legislative sessions, school board meetings, city hall meetings, etc. for private citizens. These laws establish a foundation for “Open Government.” If it weren’t for these laws, we would not have access to this information today.
This act is also responsible for state agencies specifically making their board meetings, voting agenda, meeting minutes, and all decisions and transactions public. For over a decade, I covered city and state government as a journalist… and still, find myself advising people on how to locate and request certain documentation.
Every state in the United States of America has some form of open records law available to private citizens – enabling them to obtain documentation. The key is this: You should be able to ask for this information without explanation using that agency's protocol for requesting information. If that agency refuses to comply through a normal request, a citizen can file a simple open records request and send it to that agency by certified or signature mail. By state ad federal law, they have a certain number of days to produce the information you requested OR they are in violation of that law. (Learn about International Freedom of Information.)
Here are two SHORT videos that explain these concepts. The explanations make it clear concerning WHY you might want to be aware of these areas of law.