John
You appear not to have been flooded with replies to your message. What follows is concerned solely with the copyright parts of your query. I'm afraid I can make no suggestions about institutions which might be willing to receive your material, but (without licences) your choice will be limited by what follows below about the making of recordings of broadcasts.
The mere reading of a literary work, for instance, is not an infringement of copyright. As a result, it is possible to read such a work for any purpose without infringing. Whether any subsequent activity (such as writing a new book based on that reading) would infringe is another matter. You are right to suggest that the 'use' of material in a 'paper' archive is permitted for purposes of non-commercial research or private study, if 'use' is taken to mean more than mere reading. Mind you, there are other exceptions which can apply to it too, in appropriate circumstances, such as use for the purposes of criticism and review or for an examination.
Fair dealing for the purposes of non-commercial research and private study applies only to literary, dramatic, musical and artistic works. Thus there is no general exception allowing the use of films, sound recordings and broadcasts for these purposes. On the other hand, other exceptions, such as again criticism and review or examination, do apply in the right circumstances.
In the absence of the general exception you are looking for, one needs to consider whether the rights that would be infringed by the keeping and use of films, sound recordings and broadcasts in an archive. Copying will always be a problem. Without a licence, there is nothing that would permit the making of copies of films and sound recordings, for instance to supply to users or for preservation purposes. For broadcasts, you must have made a recording in order to have something to preserve. The making of a recording of a broadcast is permitted for very limited purposes: time-shifting on private domestic premises or preservation for archival purposes in one of a limited collection of specially designated places, such as the British Film Institute, the British Music Information Centre and the Music Performance Research Centre (for the full list of designated bodies see SI 1993/74). The making and keeping of recordings of broadcasts, and the making of copies of them, is otherwise an infringement, so your project has apparently been infringing just by creating the collection you are now dealing with. If you want the collection to be preserved you need to get it taken on by a designated institution or secure licences from all the relevant broadcasters.
The other principal right that you need to think about is public performance. It is an infringement to play or show a film, sound recording or broadcast in public. Allowing a single individual to listen or watch would not, I think, infringe.
Tim
------------------
Tim Padfield
Information Policy Consultant
Information Policy and Services Directorate
The National Archives
Kew
Richmond
Surrey TW9 4DU
Tel +44 (0)20 8392 5381
Fax +44 (0)20 8487 9219
Websites http://www.nationalarchives.gov.uk
http://www.opsi.gov.uk
-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]]On Behalf Of John Benson
Sent: 12 July 2007 17:13
To: [log in to unmask]
Subject: Fwd: QUEERUPNORTH ARCHIVE PROJECT - FILM MATERIAL
--- John Benson <[log in to unmask]> wrote:
> Date: Thu, 12 Jul 2007 09:17:27 +0100 (BST)
> From: John Benson <[log in to unmask]>
> Subject: QUEERUPNORTH ARCHIVE PROJECT - FILM
> MATERIAL
> To: [log in to unmask]
>
> Hello
>
> I was hoping you might be able to help me, or at
> least
> advise. I am John Benson, and I am currently the
> Project Archivist at queerupnorth International
> Festival in Manchester, where I have been spending
> some months now cataloguing the material and
> transferring it to the appropriate repository.
> Included within it is a quantity of film material.
This
> is basically a bit of a 'bran tub' consisting as it
> does of material that has come in with artists'
> submissions, combined with material filmed by
> queerupnorth or someone working on their behalf and
> material that has been recorded 'off air'. I have a
> couple of issues with this material that I was
> hoping
> you could help me with:
>
> I am hoping to provide access copies of the material
> for viewing at Manchester Archives and Local
> Studies,
> where the rest of the archive resides. I have,
> however, a copyright concern about doing this,
> particularly with regards to the material recorded
> 'off air', which clearly, intellectually speaking,
> is
> not 'owned' by queerupnorth. Neither, for that
> matter,
> is the material that has come in with artists'
> submissions, which is presumably copyrighted to the
> artists in question. My understanding of copyright
> as
> it affects paper archives is that the material can
> be
> freely used by the public so long as it is for
> research rather than commercial purposes. I wondered
> if you had a view whether this applies to audio
> visual
> material too and whether, therefore, we can make it
> available for public use on this basis? Certainly
> the
> material is a legitimate, natural part of the
> archive,
> the use of which would not be complete without
> reference to it.
> Having provided access copies of the material, I am
> hoping to find a home for the original copies. This
> is
> proving somewhat problematic since:
> The North West Film Archive here in Manchester only
> want material that contains an explicit, unique
> reference to the area. They don't want recordings of
> performances, even those recorded here in Manchester
> and they can't take the material recorded 'off air'
> for copyright reasons.
> The British Film Institute would prefer not to take
> material in VHS format, as this isn't the real
> master
> copy format. They only want material that is
> absolutely unique and they don't want non British
> material, of which, being an international festival,
> there is a lot.
>
> Obviously I understand and respect these
> organization's collecting policies. I do however
> feel
> quite strongly that this material should at the very
> least be preserved properly somewhere, preferably
> together. Certainly some of the material, such as
> that
> recorded here at the festival, is absolutely unique
> and a great deal of it must be practically unique,
> in
> the sense that tracking down the original would be
> somewhere between very difficult and absolutely
> impossible. Perhaps more than any of that however, I
> feel that this material is an essential part of the
> story of queerupnorth and as a 'gathering together'
> of
> material is unique; even the material 'off air',
> which
> otherwise would take a huge amount of searching for
> and collecting. The issue is becoming relatively
> urgent, since my contract here doesn't extend beyond
> the end of October. I am very reluctant to leave the
> material here, since I suspect this would result in
> the material sustaining damage and/or, in all
> probability, disappearing altogether.
>
> I would be very grateful for any advice you are able
> to give on any of these issues.
>
> With many thanks
>
> John Benson
> Project Archivist
> queerupnorth
> INTERNATIONAL FESTIVAL
> 7-27 MAY 2007, MANCHESTER, UK
>
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