Jackie
I
am not quite sure how you are applying the copyright exception for older
records, nor indeed whether you are asking a question about it. I therefore
offer the following just for clarification.
The
exception applies to literary, dramatic and musical works, and to illustrations
to those works if being copied at the same time. It does not apply to
independent artistic works, nor indeed to films or sound recordings. It
applies, as you clearly know, to works that are at least 100 years old and whose
author has been dead for at least 50 years. It permits copying for purposes of
private study or research (whether commercial or not), or ‘with a view to
publication’, and it permits publication so long as the identity of the
copyright owner is not known to the publisher. However, it applies only to
previously unpublished works: once the exception has been used to enable
publication in what the Act called the ‘new work’, that new work
may be republished in ‘the same or in an altered form’, but the
exception does not apply to permit the making of any further copies or to
permit publication in another new work.
Tim
---------------
Tim Padfield
Copyright Officer and Information Policy Consultant
The National Archives
+44 (0)20 8392 5381
www.nationalarchives.gov.uk
From: Archivists, conservators and records
managers. [mailto:[log in to unmask]] On Behalf Of Davenport,
Jackie
Sent: 15 July 2010 16:54
To: [log in to unmask]
Subject: Income Generation - Selling Transcriptions/Copies
Hi
all,
When
my predecessor retired four years ago we introduced a research fee of £29.38
for the first 45 minutes and £23.50 for each subsequent half hour. Most
enquirers (probably upwards of 95%) are never heard from again when they find
out that they have to pay. I was wondering about the possibility of
selling transcriptions of individual records from our Family history section
for a much lower fee – maybe 50p or £1 per item, depending on the size
and amount of staff time spent on it. We would send the enquirer the list
for whatever parish they wanted and they would pick out the items they thought
might be useful, which could then be sent electronically or (for an additional
fee) by post. Has anyone tried this and has it proved to be popular? How
much income did it raise and what percentage of enquirers took it up?
The
one big issue I thought of is copyright. There are some documents in FH
that are copies of records not held by us, so those would be out, unless I
could discover who actually does have them and take it from there. Ditto
the lists downloaded from family history and other websites (yes, we do get permission
first!). There are also lists and indexes transcribed by
volunteers. Copyright was not signed over to us at the time they did the
work and I don’t even know the identities of some of them, so we
couldn’t use those. Some we do know and would be able to contact to
request permission. Most of the items are copies of records that we do
hold and I think that the over 100 years old/creator dead over 50 years/not
previously published exemption would apply. So effectively we would be
running a two-tier system, with some records only available to on-site visitors
and those who paid for research. Would this work? Any and all
suggestions are welcome. This is part of our service review so I’m
grasping at any straws that might help to offset the 15% reduction that we have
to make.
Regards,
Jackie
Davenport,
Archives
and Administration Manager,
Manse
Brae,
Lochgilphead,
PA31
8RT
Tel:
(01546) 604774 (Archives)
Tel:
(01546) 604269 (Admin)
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