Tim, don't open this can of worms!
 
The reports may be in the public domain but that doesn't mean you can copy them unless the copyright owner has given permission. Individuals may be able to copy them for "private study" but if you do it for them you will need a signed statement that that is what they will be used for. This obviously excludes all commercial units.
 
That said, all units (ie copyright owners) assume that we will copy other people's reports for them...
 
If you must find out - ask a librarian.

--
Chris Webster
Somerset Historic Environment Record
Somerset County Council
County Hall
Taunton
TA1 4DY

01823 355620

-----Original Message-----
From: Issues related to Sites & Monuments Records [mailto:[log in to unmask]]On Behalf Of Iles, Peter
Sent: 14 June 2005 15:29
To: [log in to unmask]
Subject: Re: SMR Access Plan

The way we have attempted to get around this in Lancs is to require (in a brief) that a copy of the final report is supplied 'for incorporation in the Sites and Monuments Record'.  As the SMR is a public document, I would then not expect anyone to make any complaints if I send off a copy to an enquirer.
 
We also have two paragraphs in the 'General conditions for archaeological contractors in Lancashire' that read :
 
 
10.1       Publication shall be in a form and to a timetable to be agreed on completion of the site archive and narrative. A copy of the site narrative and publication synopsis shall be lodged with the County Sites and Monuments Record.
 
10.2       Whilst acknowledging the need for confidentiality in some instances, archaeological information should enter the public domain as soon as possible and certainly within two years of the completion of fieldwork.
 

which would allow a developer/contractor to request that we didn't copy the item for a short (specified) time, but less than two years.  If they didn't do so then the report is straight into the SMR and thus publicly available - backlog permitting.
 
Of course it would be a different matter if we wished to copy great lumps out of a report and sell them/use them in a new doc of our own !
 
 
Peter Iles
Specialist Advisor (Archaeology)
Lancashire County Council Environment Directorate
PO Box 9
Guild House
Cross Street
Preston
PR1 8RD
T 01772 531550
F 01772 533423
E [log in to unmask]
 
 
 -----Original Message-----
From: GRUBB, Tim [mailto:[log in to unmask]]
Sent: 14 June 2005 15:12
To: [log in to unmask]
Subject: SMR Access Plan

Hi all
I am trying to put together an SMR Access Policy document and I have got to the awkward part where I have to clarify what an SMR can provide to an enquirer. The particularly problematic issue I am examining at the moment is the copying of DC reports for enquirers (although I am sure there are others that I have yet to come across).

Has anyone written, or does anyone know of, a policy line on what can and cannot be done with reports derived from the planning process (with references to the relevant legislation)? In my currently un-educated state I am assuming that, as they are submitted as supporting information for a planning application, they are in the public domain. But this seems too simplistic. I presume, for example, copyright remains with the author and will therefore have a bearing on whether the report can or cannot be copied for SMR enquirers. We are also not the planning authority so do we have the right to copy planning-related material?

Can anyone help?

Thanks
Tim


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