The University of Sheffield Library experience
Clare Scott, University of Sheffield Library

Contents
• Rights either side of the point of digitisation – Our side
• Contracts & terms of donation
• Copyright Risk Matrix
• Management of archival materials
• Plan of action – our solution a structured policy
• Case Studies (with pictures!)
• Rights either side of the point of digitisation – Other side
• Rights protection & social media
• Other legal considerations
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Rights either side of the point of digitisation – OUR SIDE
• Archiving an e-collection in a repository constitutes reproduction – it could be copyright infringement
• Navigating the variety and complexity of archival material
(composite items) e.g. a map or score with annotations
• Coping with the rapidly ‘developing’ technology formats of material – competition & built-in obsolescence
• Keeping abreast of changes in the legal environment e.g. Hargreaves
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Terms of donation
• Donor may not be rights owner!
• Good practice is ask for donation with copyrights etc. – format-shifting & re-use
• Items donated in pre-digital era – issues that were not thought of
• Seeking permission retrospectively can be difficult
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Copyright Risk Matrix
Impact of the digital environment moves
Risk to
High Risk
Low
Probability
High Risk
High
Probability
High Risk
High Probability
Low Risk
Low
Probability
Low Risk
High
Probability
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Archives through time
• Pre-digital era of acquisition – stabilising conservation/stop deterioration
• Pre-digital era of access – increased demand meant creation of facsimile types to protect fragile materials
• Pre-digital and early-digital formats are quickly not readable – format-shifting
• Digital era – digitisation becomes common practice
….we quickly move across the risk matrix
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Plan of action
• Step 1 – define your stuff
• Step 2 – define what you will do to the stuff
• Step 3 – cross-reference steps 1 and 2 to create policy for decision-making
• Step 4 – be aware that steps 1 & 2 are never stable!
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Step 1. Defining our stuff
1. Archives are driven by collections
2. Collection development policy defines intellectual & thematic scope – it should also define the format collecting policies
3. Awareness of your formats allows you to develop systematic IP policies
4. Bonus = Digitisation workflow runs smoother and faster if dictated by format type
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Step 2. Progress of stuff
Give a copy?
Is it legal?
Make a copy?
DARK
ARCHIVE
CDPA88 s.38-40
Allow copying?
Host a copy?
Controlled access
ARCHIVE
OTHER
SIDE
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Not Legal?
• VHS tape of all BBC broadcasts from the opening ceremony of
Hull Fair for last 10 years
• DVD burn of the fairground clip from
‘Saturday night,
Sunday morning’ film
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Not copiable?
• A modern circus programme donated by an enthusiast (not the printer)
• A letter written to the donor from a colleague
• Ticket stubs and booklet for launch of new roller coaster at Alton Towers 1990s
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Step 3 – Policy matrix
(very simplified)
What have we got?
Letters
Is it legal?

Photographs 
 Published materials
Plans 
Etc.


Can we make a copy?

Can we supply a copy?

Can we host a copy?








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Example 1 – site plan
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Example 2 – postcard 1912
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Example 2 – postcard today
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Example 3 – oral history resource
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Example 4 – illegal content?
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Example 5 – illegal item?
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Rights either side of the point of digitisation – OTHER SIDE
• Managing demands for re-use of material
(commercial and non-commercial)
• Combatting the increase of unauthorised filesharing via expansion of social media e.g.
Facebook, Tumblr, Pinterest, Squidoo,Twitter
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Some examples...
• Fairground fan facebook pages
• Single web re-use in an inappropriate way – “Fat
Lady Show” image used by diet website
• 2d – 3d re-use – can a plan for a ride allow the ride to be built?
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Rights protection & social media
• Watermarking solutions?
• Creative commons licences – why not?
• Copyright statement and declaration forms
– reproducing the paper experience
(Library privilege)
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Other legal considerations
• Data Protection
• FOI
• Defamation/Obscene Publications
• Privacy/Confidentiality
• And last of all... Archive ‘ethics’ vs censorship
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Examples...
• Children or people photographed
• Nudity?
• Private property – showmen’s lorries, wagons and yards
• ‘Racy’ fairground artwork
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Contact details
• Clare Scott, Copyright Officer c.scott@shef.ac.uk
• Ian Trowell, Digital collections manager,
National Fairground Archive i.trowell@sheffield.ac.uk
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