1. Ethics and Archives A perspective from the Arts and Humanities Data Service
Research Governance and Ethics Workshop
8th February 2007
Alastair Dunning, AHDS Executive Office
King’s College London,

2. How is the AHDS Organised?
Established in 1996
Managing Executive (King’s College, London)
AHDS Literature, Languages and Linguistics (Oxford Text Archive, Oxford Uni.)
AHDS History (UK Data Archive, Uni. of Essex)
AHDS Archaeology (Archaeology Data Service)
AHDS Performing Arts (Uni. of Glasgow)
AHDS Visual Arts (University for Creative Arts)
Funded by the JISC and the AHRC

3. What does the AHDS do? Advises on the creation of digital data
Collects, preserves and distributes high-quality digital resources for research and teaching
These resources are online for free for educational and private use – national collections at subject levels

4. Relevant digital subjects & material
Oral history
Linguistics
Medical history
Copyright
Moral rights
(Soft ethics?)
Data protection and copyright cause overlapping problems
Text, images, video, audio, GIS …

5. Interaction with AHRC
Giving advice to applicants with any technical component
Marking Technical Appendices
Collecting digital material from successful applicants
Dissemination of material
Preservation of material
Issues relating to monitoring legal status of materials occur at each stage
There are not very many, especially compare to images and texts. Other ones, more relating to linguistics and performing arts, have been created. but cannot be release for copyright reasons.

6. Technical Appendix
Obligatory for Research Grant and some other AHRC applications
Candidate shows proficiency in digital context – project management, data development, access, rights issues
Marked by AHDS – feedback provided to AHRC Peer Review Panels – applications can be rejected or labelled conditional
and perhaps previously these academics had not given oral history a thought

7. Resource Creation
Projects are informed on best practice in clearing copyright or gaining consent
Lack of fixed practice a problem
Projects unaware of time / cost issues
Project unaware of positive aspects
Many assume copyright does not apply to them
Less naivety about data protection
and perhaps previously these academics had not given oral history a thought

8. Archiving All digital material should be deposited with AHDS
Depositor signs AHDS licence
Non-exclusive
No rights transferred
Depositor ensures he has appropriate permissions
AHDS / University involved accepts no responsibility
(Licence needs updating …)
Examples required – also mention that we see failed bids as well as new ones.

9. that the Depositor is the owner of the copyright and associated intellectual property rights in the whole Data Collection or is duly authorised by the owner, or owners, of these rights and is capable of granting under this agreement, a licence to hold and disseminate copies of the material.
that the Data Collection is not and shall be in no way a violation or infringement of any copyright, trademark, patent, or other rights whatsoever of any person.
that the Data Collection does not and will not contravene any laws, including but not limited to the law relating to defamation, or obscenity.
that the Depositor is not under any obligation or disability created by law, contract or otherwise which would in any manner or to any extent prevent or restrict him from entering into and fully performing this Agreement.
to notify the AHDS of any change of copyright ownership affecting the Data Collection.
to notify the AHDS of any confidentiality, privacy or data protection issues pertaining to the Data Collection.

10. Delivery Options (I) Freely available Higher Education Only
Material available to everyone
Obviously depends on depositor
Higher Education Only
Disseminate collection to HE users only
But difficult to authenticate addresses
Rather useless boundary in legal terms
Preservation Only
Material only available to depositor
Legally safe but data is not circulated
What happens when contact with depositor is lost?
Fear of the internet by both interviewers and interviewees – e.g. art historian doing interviews with artists.
Examples required – also mention that we see failed bids as well as new ones.
Knowledge in community and Guidelines would help

11. Some examples Preservation Only Access Restricted Freely available
TV Times
Newcastle Corpus
Access Restricted
French Learner Language Oral Corpora
Freely available
Spanish Civil War posters
Dependent on idiosyncrasies of depositor as well as legal position
Fear of the internet by both interviewers and interviewees – e.g. art historian doing interviews with artists.
Examples required – also mention that we see failed bids as well as new ones.
Knowledge in community and Guidelines would help

12. Delivery Options (II) – in the future
Making index terms available freely
Therefore letting others at least know of material’s existence
Encouraging data preparation (e.g. anonymization)
Matter of course in some subject area
Easy-ish to anonymize some data (e.g. census data); Can be difficult for other data types (e.g. transcription)
More sophisticated authentication?
Fear of the internet by both interviewers and interviewees – e.g. art historian doing interviews with artists.
Examples required – also mention that we see failed bids as well as new ones.
Knowledge in community and Guidelines would help

13. From the user’s point of view
All users must agree with AHDS Common Access Agreement
Use in non-commercial research or teaching only
Rights still remain with depositor
(who reads it by the way….?)
Fear of the internet by both interviewers and interviewees – e.g. art historian doing interviews with artists.
Examples required – also mention that we see failed bids as well as new ones.
Knowledge in community and Guidelines would help

14. Issues
Proper monitoring (currently taking word of depositors on trust)
Getting permission for distributed archiving; and for use and re-use
Preparing material for re-use
Projects have little time for others
Keeping the chief on top
Agreeing and circulating best practice
Managing creators’ expectations
Fear of the internet by both interviewers and interviewees – e.g. art historian doing interviews with artists.
Examples required – also mention that we see failed bids as well as new ones.
Knowledge in community and Guidelines would help