Unlocking the Past: A Comprehensive Guide to Managing Rights and Risks in Audiovisual Archives

Unlocking archive collections is essential for broadcasters and television companies that want to maximise the value of their historical, cultural and commercial assets. However, using archival content without clear rights positions can result in legal and financial risks. This paper aims to provide a comprehensive guide for those seeking to manage rights and risks when unlocking their archive collections. It offers suggestions on how any organisation can implement systems and controls to operate within legal regulations while also applying a common-sense approach to managing the risks of using and distributing content when rights information is silent or ambiguous.

This paper covers various topics relevant to managing rights and risks in archival content, including understanding risk profiles, due diligence, orphan works, legitimate interests, use of open licences, ethical considerations and GDPR regulations.

The guidelines in this paper are based on FIAT/IFTA’s Value, Use and Copyright Commission’s (VUC) activities, including surveys, case studies, and workshops, and are informed by inputs and views submitted by various FIAT/IFTA members from multiple territories.

The VUC wishes to thank all the contributors who, by adding their perspectives, helped create the publication. In the coming weeks, more case studies will be shared to continue the discussion on the topic of rights and risk management.