I don't think it precludes public dissemination, any more than copyright rules over published work does?
Emily Edwards
On 17 Aug 2010, at 14:30, Brian Giggins wrote:
> As an ex-HERO I am surprised that the briefs for the area do not
> contain clauses requiring that the archaeological reports produced as
> a result of PPG 16 / PPS 5a conditions are made available for public
> and professional dissemination after completion of the excavations. If
> they do not what is the point of the legislation and the large costs
> involved to the developers and public authorities? ADS appear to be
> doing excellent work making full copies of grey literature available
> on line - shouldn't others be following this lead?
>
> Regards
>
> Brian Giggins
>
> On 17/08/2010, Nick Boldrini <[log in to unmask]> wrote:
>> Hi HERO's
>>
>> this may be a can of worms....
>>
>> We regularly get contractors and other HER users asking us to send them
>> copies (either partial or total) of things either hard copy or digitally -
>> most commonly Grey Literature reports.
>>
>> My understanding is that legally, if the use is in any sense commercial,
>> then the researcher should not be allowed to copy the material without the
>> Copyright holders permission (see IFP 4.4
>> http://www.ifp-plus.info/Part_F.htm#F.4 for discussion).
>>
>> I am also aware that many HER's do allow commercial units to copy material
>> under the fair dealing principle of "no more than 10% /one chapter" basis,
>> which, I believe, strictly speaking only applies to non-commercial research.
>>
>> However, when we tell users this, some of them say "well other HER's let us
>> copy it all/send us a photocopy/send us a digital copy".
>>
>> I would be interested to know, either on or off list, how many HER's do
>> actually allow Contractors to copy information and on what basis.
>>
>> eg do you only let them copy stuff if they come in and do it themselves, or
>> do you routinely copy and send stuff out to them? If the latter - do you
>> charge for this? Do you use a Depositors licence to get permission from a
>> contractor to disseminate a report more widely? Do you send/allow full
>> copies or only partial ones?
>>
>> This is because we are looking at reviewing our Policy on this and would be
>> interested to see what practice across the sector is.
>>
>> best wishes
>>
>> Nick Boldrini
>>
>> Historic Environment Record Officer
>> Ext: 8840
>>
>>
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