Jan

If I may be allowed a bit of advertising, you might like to try looking at
my 'Copyright for Archivists' which contains a few model licences in the
back (available from the PRO website at 10% discount off the normal £20,
post free). Many more model licences for various purposes are in Peter
Wienand, Anna Booy and Robin Fry, 'A Guide to Copyright for Museums and
Galleries' (Routledge £20).

If you are authorising the reproduction of material that is not in your
copyright you must be very careful about what you say, lest you authorise
infringement. Authorising infringement is itself a primary infringement of
copyright, leaving you liable to be sued and to face damages and costs. You
must therefore make abundantly plain that you are giving authority only for
the reproduction of the artefact in your collection, and that the user is
still responsible for clearing copyright or for the consequences of not
clearing copyright. It is not your responsibility to trace the copyright
owner; you may supply a copy of a copyright work without permission or
infringement, so long as the stated purpose is research or private study, or
the document is at least 100 years old and the author has been dead for at
least 50 years. What the user chooses to do with the copy thereafter is not
your concern.

PRO does not charge any copyright fees, since Crown copyright in public
records is waived. We charge fees for the reproduction of images of our
documents, under a contract entered into when the reader orders the copy.
Fees are based on those recommended by BAPLA (British Association of Picture
Libraries and Agencies).

Tim
-----------------
Tim Padfield
Copyright Officer
Curator of Photographs
Secretary of the Lord Chancellor's Advisory Council on Public Records

Public Record Office, Kew, Richmond, Surrey TW9 4DU
Tel: 020-8392 5381
Fax: 020-8392 5295
e-mail: [log in to unmask]
http://www.pro.gov.uk


> ----------
> From:         Hargreaves, Jan[SMTP:[log in to unmask]]
> Reply To:     Hargreaves, Jan
> Sent:         27 February 2002 14:34
> To:   [log in to unmask]
> Subject:      Charges for grants of non exclusive copyright
>
> Dear all
>
> I know that this issue sort of comes up every year. I've just looked at
> the
> Archives-NRA listserve archives but can't find the answer I want.
>
> We have had two recent dealings with the BBC where we have supplied them
> with an image of a document for which we have copyright control and they
> have paid us £75.00 for the non-exclusive right to copy and reproduce that
> image in the making of a specific programme. They provided a legal-looking
> document that set out all the ways they can use the image for the fee paid
> and saying that Lancashire Record Office has given them permission to do
> so.
> The BBC's form also states that they can go on exploiting the same image
> for
> things like repeats of the programme and adverts/publicity for the
> programme.
>
> We are now thinking about creating our own form so that we are in control
> of
> the process and can set the fee and the terms of the licence.
>
> If anyone out there has a document of their own where they grant a licence
> to use an image for a one-off fee, please could they let me have a copy?
> And
> any information on what other offices charge, how long their licences last
> and what is and isn't permitted by their licences would also be gratefully
> received. Also, does anyone issue similar licences for use of images when
> ownership of copyright in the original can't be traced?
>
> Jan Hargreaves
> Lancashire Record Office
> Bow Lane
> Preston
> PR1 2RE
> [log in to unmask]
>
> 27 Feb 2002
>