Navigating rights and usage in audiovisual donations: Legal, ethical and practical strategies for archives
Abstract
The acceptance and management of donated audiovisual materials present archives with complex legal, ethical and operational challenges, particularly in collections with layered rights histories such as news footage, independent documentaries and community-produced media. Emerging technologies like artificial intelligence amplify concerns about misappropriation, distortion and unauthorised reuse. This paper presents best practices for negotiating rights agreements, addressing cultural and ethical considerations and developing workflows that ensure clarity, sustainability and responsible access. It provides actionable strategies for archives and digital media professionals, including practical tools, model templates and a case study demonstrating how clear policies and strong donor relationships enhance access, trust and institutional resilience. This article is also included in The Business & Management Collection which can be accessed at https://hstalks.com/business/.
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Author's Biography
Lance Watsky is Founder and Chief Operating Officer of LandA Consulting Group and the Lead Archival Consultant for Filmic Technologies. He has more than 30 years of experience assisting museums, libraries, archives, and corporations with the preservation, digitisation, access, licensing, and monetisation of motion pictures, sound recordings, photographs, and archival documents. He previously served as Program Coordinator for the UCLA Moving Image Archive Studies Program and as an Adjunct Professor at Clark Atlanta University teaching archival research. He currently works part-time as an Academic Student Advisor at the Southern Polytechnic College of Engineering and Engineering Technology at Kennesaw State University in Marietta, Georgia. He earned a Master of Arts in the Preservation and Restoration of Motion Pictures and Recorded Sound from California State University, Chico, in 1995.
