The Digital Preservation Coalition has released Intellectual Property Rights for Digital Preservation.
Here's an excerpt:
While a number of legal issues colour contemporary approaches to, and practices of, digital preservation, it is arguable that intellectual property law, represented principally by copyright and its related rights, has been by far the most dominant, and often intractable, influence. It is thus essential for those engaging in digital preservation to understand the letter of the law as it applies to digital preservation, but equally important to be able to identify and implement practical and pragmatic strategies for handling legal risks relating to intellectual property rights in the pursuit of preservation objectives. . . .
This report is aimed primarily at depositors, archivists and researchers/re-users of digital works, but will provide a concise introduction to the subject matter for policymakers and the general public.