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There’s an old saying that possession is nine-tenths of the law. To me, it’s analogous to the childhood taunt, “Finders, keepers; losers, weepers.” The truth is when it comes to media content, that is not the case. The situation can be complex and nuanced. You can own something like a script or an original recording of a program but not have the rights to reproduce the content or authorize someone else to do that.
The National Association of Broadcasters and the Library of American Broadcasting Foundation (LABF) recently collaborated to produce a second on-demand presentation about preserving the industry’s historical content. The first webinar, which debuted in late 2023, focused on what to save along with how and where to donate media for preservation. The second video digs into legal questions around donating content, particularly those related to separating intellectual property rights from those associated with possessing the physical asset itself. In this case, the nine-tenths seems to come down on the side of the copyright owner(s).
The new presentation begins with four reasons to preserve media’s historical content. These are:
Broadcasting and digital media both reflect and shape American culture. Archives can provide a unique record of discourse and how topical rhetoric developed. Hearing actual voices humanizes history. Such documentation provides invaluable primary resources for historians and others.
I would add a fifth reason for stations, station groups and networks to preserve their content: Failing to catalogue and preserve this material means the copyright owners lose the ability to monetize it. Some companies