Dear Kate Parr,
This is not legal advice, but I think that you do have the right to say that the researcher can have a copy with the provision that he does not publish it. However the right has nothing to do with copyright but rather with the fact that you are the owner of the book, so you can refuse copying, or place a condition on the copying.
Whether you want to do so or whether it is a good idea to do so is another question. Perhaps the condition could say 'not publish without permission of Somerset Heritage Centre'.
We have a few collections where copying is permitted but the permission of the donor is needed for quotation in publication. This doesn't have to do with copyright, but rather the terms on which the material was deposited. We would not have much ability to redress the situation if a researcher ignored this, but most people are willing to abide by the conditions governing copying and quotation.
With best wishes,
Debbie.
Debbie Usher, Archivist RMARA
Middle East Centre Archive
St Antony's College
Oxford OX26JF
UK
tel. +44 1865 284706
tel. UK 01865 284706
email: [log in to unmask]
web: http://www.sant.ox.ac.uk/mec/meca.shtml
St Antony’s College is a Registered Charity (Number 1141293)
-----Original Message-----
From: Archivists, conservators and records managers. [mailto:[log in to unmask]] On Behalf Of Kate Parr
Sent: 03 April 2014 11:34
To: [log in to unmask]
Subject: Copying complete published works
***Apologies for cross-posting***
Dear All,
We've just had an enquiry from a user that has raised a question I feel I have been dodging for a while!
Here at the Heritage Centre we have a combined archive and local studies library, with a Research Service which nominally satisfies enquiries to both. Our enquirer is asking for a complete copy, photocopy or digital, of one of our books. He hasn't stated what he wants it for, but his other enquiries seem to be around family history. The book was published in the 1890s.
My question is do other libraries allow full copies to be made of published works, either by the visitor in person or remotely and sent to them? Had this been an archive item there would be no problem in providing a complete copy providing they were willing to pay for the staff time in re-producing it. There is no copyright stand to be taken as the author died in 1917 but I am still reluctant to allow complete copies of library books to made. Do I have the right to say that the visitor can have a copy as long as it isn't for publication? I don't think i do, but I'd still like some advice!
Many thanks
Kate Parr
Archives & Local Studies Supervisor
Somerset Heritage Centre
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