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Hi Roger that's VERY interesting, and I will have to look into this further when we do our standards. best wishes Nick Boldrini Historic Environment Record Officer Durham County Council Tel: 0191 3708840 Fax: 0191 3708897 From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of THOMAS, Roger M Sent: 18 August 2010 10:40 To: [log in to unmask] Subject: Re: Copyright and copying of reports etc Nick In reviewing your policy, would it be helpful to look at things in terms of the FOI (and EIR) regimes? E.g. the ICO web-site has a guidance note specifically on how to deal with requests for 'reports provided by third parties' which are held by public authorities: http://www.ico.gov.uk/upload/documents/library/freedom_of_information/practical_application/fep040_reports_provided_by_third_parties.pdf (I think I'm right in saying that any request for information held by a public body falls to be considered under the FOI and EIR (or DPA) schemes, even it the request doesn't say that it is an FOI [etc] request.) The starting point for FOI/EIR is of course that all information should be available unless it is covered by specific exemptions. Also, the Act says that if the person asking for the information requests 'a copy of the information in permanent form', the public authority should give effect to that preference 'as far as is reasonably practicable'. I imagine that this would include providing digital copies. As I understand it (and you might want to check), there is no infringement of copyright when a public authority supplies a copy of a 'third party' report under FOI. Equally, there is no transfer of copyright, so if the recipient of the report (another archaeological consultancy, for instance) wanted to use the report in a way which infringed copyright (e.g. reproducing photographs in a publication), they would have to contact the copyright owner. I hope this helps a bit? Best wishes Roger -----Original Message----- From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Nick Boldrini Sent: 18 August 2010 08:42 To: [log in to unmask] Subject: Re: Copyright and copying of reports etc Just to clarify, I am not talking about dissemination in terms of people being able to access and view a copy of the report, but the right to make a physical or digital copy of the whole/part of a report for their own use. Two different things. People can access reports here no problem, but the issue is what do HER's do about allowing viewers to copy them, in relation to Copyright? In terms of online access - yes a good idea, but that still has to deal with Copyright issues. Hope that makes sense best wishes Nick Boldrini Historic Environment Record Officer Durham County Council Tel: 0191 3708840 Fax: 0191 3708897 -----Original Message----- From: Issues related to Historic Environment Records [mailto:[log in to unmask]] On Behalf Of Brian Giggins Sent: 17 August 2010 14:30 To: [log in to unmask] Subject: Re: Copyright and copying of reports etc As an ex-HERO I am surprised that the briefs for the area do not contain clauses requiring that the archaeological reports produced as a result of PPG 16 / PPS 5a conditions are made available for public and professional dissemination after completion of the excavations. If they do not what is the point of the legislation and the large costs involved to the developers and public authorities? ADS appear to be doing excellent work making full copies of grey literature available on line - shouldn't others be following this lead? Regards Brian Giggins On 17/08/2010, Nick Boldrini <[log in to unmask]> wrote: > Hi HERO's > > this may be a can of worms.... > > We regularly get contractors and other HER users asking us to send > them copies (either partial or total) of things either hard copy or > digitally - most commonly Grey Literature reports. > > My understanding is that legally, if the use is in any sense > commercial, then the researcher should not be allowed to copy the > material without the Copyright holders permission (see IFP 4.4 > http://www.ifp-plus.info/Part_F.htm#F.4 for discussion). > > I am also aware that many HER's do allow commercial units to copy > material under the fair dealing principle of "no more than 10% /one > chapter" basis, which, I believe, strictly speaking only applies to non-commercial research. > > However, when we tell users this, some of them say "well other HER's > let us copy it all/send us a photocopy/send us a digital copy". > > I would be interested to know, either on or off list, how many HER's > do actually allow Contractors to copy information and on what basis. > > eg do you only let them copy stuff if they come in and do it > themselves, or do you routinely copy and send stuff out to them? If > the latter - do you charge for this? Do you use a Depositors licence > to get permission from a contractor to disseminate a report more > widely? Do you send/allow full copies or only partial ones? > > This is because we are looking at reviewing our Policy on this and > would be interested to see what practice across the sector is. > > best wishes > > Nick Boldrini > > Historic Environment Record Officer > Ext: 8840 > > > ________________________________ > > Help protect our environment by only printing this email if absolutely > necessary. The information it contains and any files transmitted with > it are confidential and are only intended for the person or > organisation to whom it is addressed. It may be unlawful for you to > use, share or copy the information, if you are not authorised to do > so. If you receive this email by mistake, please inform the person who > sent it at the above address and then delete the email from your > system. Durham County Council takes reasonable precautions to ensure > that its emails are virus free. However, we do not accept > responsibility for any losses incurred as a result of viruses we might > transmit and recommend that you should use your own virus checking procedures. > Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures. ________________________________ Help protect our environment by only printing this email if absolutely necessary. The information it contains and any files transmitted with it are confidential and are only intended for the person or organisation to whom it is addressed. It may be unlawful for you to use, share or copy the information, if you are not authorised to do so. If you receive this email by mistake, please inform the person who sent it at the above address and then delete the email from your system. Durham County Council takes reasonable precautions to ensure that its emails are virus free. However, we do not accept responsibility for any losses incurred as a result of viruses we might transmit and recommend that you should use your own virus checking procedures.