To Have and To Have Not: Archives as Information,

Archives as Symbol

Trudy Huskamp Peterson

.

Introduction

• Part 1. Archives as symbol• Part 2. Archives as protected cultural

property• Part 3. The case of the cross-cultural

digital copying project• Part 4. Adjusting the relationship

between object and information

Part 1. Archives as symbol

• National

• Bilateral

• International

..

.• .

The Shoah Memorial

.

.

• Poland and Russia:

The Katyn controversy

• Armenia and Turkey:

The Ottoman Archives

.

Part 2. Archives as protected cultural property

• The right to information

• The right to property, cultural property, and the state

• Separability of information and object

• UNESCO Memory of the World

The Right to Information

• Article 19, Universal Declaration of Human Rights

• Principle 2, Joinet Principles Against Impunity

The right to property, cultural property, and the state

• Article 17, Universal Declaration of Human Rights

• 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict

• 1970 Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property

UNESCO Memory of the World

1993 Memory of the World background paper: “two forms of heritage will be distinguished: first, information itself, incorporeal and of intrinsic value; second, the material objects which serve as supports to that information.”

Mid-1990s View

• Archival heritage is part of the cultural heritage

• Protecting cultural heritage is a state responsibility but of world interest

• Distinction between control of object and control of information

• Keepers of cultural heritage to balance property and knowledge rights

Part 3. The case of the cross-cultural digital copying project

• The acquiring institution

• The archives

• Reasons archives agree to projects

• Loss to the archives

Part 4. Adjusting the relationship between object

and information

Options

1. Licensure

2. Revised research applications

3. State copyright or state export controls

4. ICA principles on international copying projects and model agreements

Reprise

• Balance the right to control cultural heritage and the right to know

• Balance the control of the object and the control of information

• Principle of respect and fair dealing