An organisation preparing an anniversary publication finds an old photograph in its archives. A family business discovers letters written by its founder. A colleague suggests adding a familiar song to a commemorative video. The materials are available. But are they cleared for publication?
Zambia’s 62nd independence anniversary offers a valuable occasion to preserve institutional and family histories. It also presents legal questions that can easily be overlooked in the enthusiasm to share them.
Ownership of a physical photograph or letter does not necessarily establish ownership of its copyright. Zambia’s Copyright and Performance Rights Act protects recognised categories of creative work and provides rights in performances. Acknowledgment does not replace permission where permission is legally required.
Before publishing, organisations should establish who created the material, what rights may subsist, and whether the intended use is authorised or falls within a relevant legal exception. Permission should also address the actual use contemplated. Approval for a printed booklet may not settle questions about advertising, online publication or subsequent reuse.
There is a separate issue of historical reliability. Record where an item came from, identify the people pictured where possible, and distinguish verified dates from estimates. Preserve originals and retain an unaltered digital copy.
These steps can strengthen an archive’s historical value. Depending on the circumstances and applicable evidential rules, they may also assist in establishing a record’s authenticity and significance.
The practical lesson extends beyond Independence Day: access to material and authority to publish it are separate questions.
A well-prepared commemorative publication preserves the story while respecting the rights attached to the material used to tell it.
Dzekedzeke and Company
We Learn Everyday.
