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I think what this latest twist to this debate makes clear is that record offices are all different. It is for each to decide whether self service copying is appropriate and permissible, in some cases on a case by case basis. 
Tim

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Tim Padfield
Copyright Officer and Information Policy Consultant
The National Archives
+44 (0)20 8392 5381
www.nationalarchives.gov.uk


-----Original Message-----
From: Archivists, conservators and records managers. [mailto:[log in to unmask]] On Behalf Of Jenny Moran
Sent: 10 May 2011 08:21
To: [log in to unmask]
Subject: Re: Use of digital cameras by researchers [UNCLASSIFIED]

But shouldn't that have been stipulated in the terms and conditions of deposit? If John wanted to deposit his photos he could specify that they could be examined but that any copies would have to be obtained either from him or with a payment to him.
I don't really see it as the role of the archivist to try to protect the commercial interests of individuals or organisations if they have taken inadequate steps to do so themselves. As Tim says - only the user can know what they intend to do with the copy, we can only enforce the law as it stands.
Incidentally, and Tim will know more, since the Reece Winstone archive is still in copyright and John is the copyright owner regardless of where the photographs are couldn't he still enforce this copyright ownership (as distinct from ownership of the physical photographs)?

Jenny Moran


But in this particular case it seems that we are not referring to written archives or to printed books.  The Reece Winstone Archive is a collection of 40,000 photographs, taken by a professional photographer, and the vast majority of them will surely still be well in copyright http://www.reecewinstone.co.uk/.

Regardless of whatever notices might or might not be on display in the searchroom, surely a record office or library with a supervisory responsibility cannot simply produce professionally-taken photographic prints from their strongroom (in many cases with the photographer's stamp clearly displayed on the back) and then allow them to be copied by digital camera users, as a cheaper alternative to the searcher's purchasing personal copies from the original supplier?

Aidan Jones.

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