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I'm currently dealing with a request for photocopying which is causing me a
few headaches and I'd be very grateful for any advice anyone can give me on
the matter.

I recently received a request from an American enquirer who claims to be
unable to visit the UK to consult a ms in our collection.  In the 1960's we
were given a copy of a researcher's typescript transcript of the memoirs of
an 18thC artist.  The memoirs were still in the possession of the artist's
family (current whereabouts unknown) but the artist stipulated that the
contents were never to be published.

It seems that the researcher gained permission of the descendants to
transcribe the memoirs for his research and he later deposited a copy with
the NPG, claiming copyright in the typescript.  We know that the researcher
had died by the mid-1980's.

Our understanding regarding copyright in unpublished mss is that they were
previously in copyright in perpetuity but that the 1989 Act changed that.
Material already in copyright when the Act came into force (ie. works by
author who died before August 1989) are given arbitrary treatment and will
remain in copyright until January 1st 2040.  I have two queries:

1/ In our circumstances does this apply to the copyright claimed by the
transcriber? Or would it only apply to the artist and therefore, as he died
200 years ago,  the work is out of copyright?

2/ How long does one respect the wishes of the artist, bearing in mind that
his descendants gave permission for an external researcher to view the
contents of the memoirs years ago?

Any advice or opinion would be gratefully received.  thank you.


Antonia Leak
Librarian & Study Room Manager
Heinz Archive & Library
National Portrait Gallery
St Martin's Place
London, WC2H 0HE

Direct Tel: 020-7312 2411
Switchboard: 020-7306 0055 ext.257
Fax 020-7306 0056
Email: [log in to unmask]




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