Access in the Time of Salinger: Fair Use and the Papers of Katherine Anne Porter

Abstract

Manuscripts curators who wish to microfilm or otherwise duplicate a collection for preservation and access commonly confront a problem: multiple copyrights represented in a collection. It is practically impossible to obtain permission from the numerous parties who may hold such copyrights. What are the limits of fair use in such a case, particularly considering the restrictive environment after Salinger v. Random House, Inc.? Archival tradition and practice offer some answers more hopeful for preservation and access to materials, but the law still limits. To best serve the research community, archivists must lobby to have more liberal policies codified into law. The Papers of Katherine Anne Porter, a collection held by Archives and Manuscripts at the University of Maryland at College Park Libraries, is used as an example.