My topic is International Implications, a topic that would not exist but for the Internet. When access to archival materials was on a physical basis, patrons came to the archive and consulted the material on site; the material did not leave the archive, much less get sent overseas. Even digitized materials, if consulted on site, do not present the problems that arise if the archives puts this material on a website, which is accessible around the world, that ubiquity being the default condition ofthe Internet.
Let us consider some problems that might arise and which have international consequences. First of all, with respect to contract law, what was the scope of the authorization set out, for example, in the donor agreement? Does the agreement permit digitization? Is there any indication that the agreement contemplated digitization at all? Does the agreement permit making material available overseas? Any indication that was considered?
Intellectual Property Law | International Law | Internet Law | Law
Jane C. Ginsburg,
International Issues: Which Country's Law Applies When Works are Made Available over the Internet,
Colum. J. L. & Arts
Available at: https://scholarship.law.columbia.edu/faculty_scholarship/3294