The HADC guidelines emphasize the creation of a database grounded in care, ethics, and scholarly responsibility, with the goal of supporting research and expanded interpretations of Haitian art. One of our central ethical concerns involves copyright, particularly as it relates to the digitization and reproduction of artworks. HADC does not claim ownership of any materials hosted on its platform, and all partner institutions adhere to their respective copyright standards. Copyright issues were a major focus of discussion during the March 2020 workshop.
We are currently defining the scope of copyright law and the protections that must guide both HADC and its participating collections to ensure that artists’ rights are respected. Because many Haitian artworks were created by unidentified artists and later resold in international markets, copyright ownership is often unclear, complicating proper attribution. These challenges reflect broader inequities within the art world, where Haitian artists have frequently been excluded from ownership and control over their images. By building a database and lexicon that centers Haitian artists and the Kreyòl language, HADC seeks to address these disparities with transparency, care, and sustained commitment.
Research Guidance: Scoping the Legal and Policy Landscape for HADC’s Thought Leadership
I. Intellectual Property Law: Ownership and Access
HADC’s core duty of Digitization and Cataloging triggers foundational Copyright Law issues. Your research should focus on the academic debate surrounding digitized surrogates (whether a new copyright is created) and how to best utilize Fair Use principles for educational materials like Digital Story Maps. We need to study the policy frameworks for establishing a clear licensing policy (e.g., Creative Commons) to fulfill the goal of Expanding Access.
- Copyright Law: Focuses on licensing of original artworks, protection of derivative works, and policy surrounding Orphan Works.
- Database Law/Data Rights: Pertains to protecting the structural integrity and IP of HADC’s compiled metadata, including new Kreyol terms.
- Trademark Law: Deals with institutional co-branding and authorized use of partner logos.
II. Cultural Heritage, Ethics, and Sovereignty Policy
This is the most critical area for HADC’s mission to re-evaluate narratives. We move beyond conventional IP to focus on collective and community rights.
- Cultural Rights and Traditional Knowledge (TCEs): Requires examining policy models that protect cultural practices and knowledge (like the significance of the drapos or Kreyol terminology) that fall outside typical IP frameworks.
- International Cultural Heritage Law: Pertains to issues of provenance, repatriation claims, and how institutions handle objects with potentially disputed titles.
- Indigenous Data Sovereignty (IDSov) / Data Justice: Acknowledges the inherent right of the Haitian community to govern the collection, ownership, and application of data about their culture, setting a standard for ethical digital stewardship.
III. Privacy, Data Governance, and Archival Law
The project must balance the ethical commitment to transparency with legal obligations regarding personal and institutional data.
- Data Privacy Law (GDPR/CCPA): Governs the collection of identifiable personal data, especially in the expanded data fields. Research should focus on legal models for obtaining explicit consent to publish personal stories.
- Digital Preservation Law: Concerns the long-term legal obligations for maintaining the authenticity and integrity of the digital archive (migration, version control) to ensure its future evidentiary value.
- Right to Be Forgotten/Right to Erasure: Presents an academic tension for archives, requiring us to research how institutions legally balance historical preservation against an individual’s right to request data removal.
IV. Contract, Public Law, and Regulatory Frameworks
These areas establish the practical, legally sound scaffolding for HADC’s complex collaborative model.
- Contract Law & Indemnification: Focuses on the legal efficacy of common contract types in nonprofit work, like Memoranda of Understanding (MOUs) and indemnification clauses, to clearly assign liability among institutions when handling cultural resources.
- Administrative/Regulatory Law: Deals with the compliance requirements from granting agencies and the regulations governing public/non-profit institutional archives.
- Government Information/Archival Policy: Provides context on the mandates for public access and the legal constraints (or allowances) placed on university archives.
Research and analysis provided by Vivian Finch, ’26, and A. Prince Albert III (Prince The Culture Keeper™) -Founder of The Culture Keepers Circle and Professor at the Georgetown University Law Center