-----
Original Message -----
Sent: Friday, July 16,
2010 2:38 PM
Subject: Re: Income
Generation - Selling Transcriptions/Copies [UNCLASSIFIED]
Jackie
It
should be OK, so long as each transcription is the sole ‘new work’ that is
created from the source document. You can then sell as many copies as you like,
in different formats (eg online and on paper). However, if you wish to create
and publish a new transcription (for instance because you have decided that the
first one was unreliable) you cannot do so under this exception. Moreover, no
other person can reply on the exception to publish the document in a different ‘new
work’, since the document has already been published by you.
Tim
---------------
Tim Padfield
Copyright Officer and Information Policy Consultant
The National Archives
+44 (0)20 8392 5381
www.nationalarchives.gov.uk
From: Davenport, Jackie [mailto:[log in to unmask]]
Sent: 16 July 2010 11:44
To: Padfield, Tim; [log in to unmask]
Subject: RE: Income Generation - Selling Transcriptions/Copies
[UNCLASSIFIED]
Hi Tim,
I thought that the copyright exception would let allow us to
transcribe the records (everything I am thinking of using is a literary work)
with the aim of selling the transcriptions. There are some that have
already been published but as far as I know most of them have not. Should
this be OK?
Regards,
Jackie
Davenport,
Archives and Administration Manager,
Manse Brae,
Lochgilphead,
PA31 8RT
Tel:
(01546) 604774 (Archives)
Tel: (01546) 604269 (Admin)
http://www.argyll-bute.gov.uk
From:
Archivists, conservators and records managers.
[mailto:[log in to unmask]] On Behalf Of Padfield, Tim
Sent: 16 July 2010 11:31
To: [log in to unmask]
Subject: Re: Income Generation - Selling Transcriptions/Copies
[UNCLASSIFIED]
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
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.
Archives and Administration Manager,
Tel: (01546) 604774 (Archives)
Tel: (01546) 604269 (Admin)
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