Copyright and research
User Forum
Tim Padfield
7 February 2012
What is copyright?
Copyright is, in brief:
• a property right granted by Parliament
• to a creator or the creator’s employer and their successors
• for a limited term
• to control the use of a work,
• subject
j
to certain defined exceptions
p
A person other than the owner may use the work if
• copyright has expired;
• permission (a licence) is obtained; or
• an exception applies
Duration
Copyright lasts for a long time:
• standard term is life of the author plus 70 years
• Crown copyright is publication plus 50 years or
or, if not published
within 75 years of creation, 125 years from creation
but
• all unpublished literary (ie written) works (so, most archival
material) are in copyright until 2039 at the earliest
earliest, no matter
when created or the author died
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Crown copyright
Much material in TNA is Crown copyright, created
by an officer or servant of the Crown in the course of his duties’
duties
‘by
(after July 1989); or
‘under
under the direction or control of the Crown’
Crown (before August
1989)
Includes:
• works by civil, colonial and diplomatic servants, members of the
armed forces, police officers, government ministers
• naval logs,
g , war diaries,, Cabinet minutes,, census returns,, official
reports, official letters
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Out of copyright
Some works are out of copyright:
• Crown publications over 50 years old;
• Crown photographs created before June 1957
• published Crown photographs published over 50 years ago
• other Crown artistic works (eg maps) created over 50 years ago
• mostt non-Crown
C
artistic
ti ti works
k whose
h
author
th di
died
d over 70 years
ago
• anonymous non
non-Crown
Crown photographs created or published over
70 years ago
non Crown artistic works published over 70
• other anonymous non-Crown
years ago
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Copies supplied by TNA
A copy of any public record may be obtained without infringement
A copy of a non-public record may be obtained if the declaration
form is completed
• not artistic works
• for non-commercial research or private study
• only a single copy
• the copy may not be copied for anyone else
• the form must be signed by the actual user, not an agent
• not if the copyright owner has restricted copying (eg Haig diaries)
NB: subsequent use of the copies might infringe
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Self service copying
Permitted for:
• non-commercial research or private study
• criticism or review
• current news reporting (except photographs)
• use for
f an examination
i ti (i
(including
l di a di
dissertation
t ti or th
thesis)
i)
• judicial proceedings and public inquiries, while in progress
Same exceptions apply to subsequent use of public record copies
supplied by TNA
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Orphan works
Copyright works whose current owner is unknown and untraceable
Works :
• that are literary,
literary dramatic or musical works
works, plus illustrations
• that are at least 100 years old
• whose
h
author
th h
has b
been d
dead
d ffor att lleastt 50 years
• whose current copyright owner is not known to the user
may be
b published
bli h d without
ith t permission
i i or iinfringement
fi
t
N
No-one
else
l may then
h use the
h exception
i ffor the
h same workk
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Permission
Crown copyright
• Open Government Licence: transcripts,
transcripts quotations,
quotations tracings
http://www.nationalarchives.gov.uk/doc/open-governmentlicence/open-government-licence
licence/open
government licence.htm
htm
Non-Crown
• trace copyright owner and seek a licence
Publication or on-line use of facsimile images of any documents
• contact the Image Library
image-library@nationalarchives.gsi.gov.uk
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Updating of copyright law
Hargreaves Review has recommended changes, including extension
of exceptions
http://www.ipo.gov.uk/ipreview-finalreport.pdf
Government is now consulting on changes, seeking evidence to
justify legislation
http://www.ipo.gov.uk/pro-policy/consult/consult-live/consult2011-copyright.htm
py g
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