A response to your question from my colleague Jennie Constable.
From: Jennie Constable [mailto:[log in to unmask]]
Sent: 18 June 2013 15:38
Subject: Obligation to trace/clear copyright - whose is it?
Further to Dr Patricia Dark's email about this, I would agree that the onus
of clearing copyright rests with the licensee.
Before joining the team at SWFTA, I worked in the broadcasting industry,
first as a Production Manager for regional ITV and subsequently as a
freelance specialising in copyright clearance and licensing. My
understanding was always that it was my job, as a representative of the
programme maker or broadcaster, to ensure that the copyright of any acquired
material was cleared, and that it was NOT the responsibility of the
supplying agency.
Having said that, and also now looking from the point of view of the
supplier, I would add the proviso that very often the person tasked by the
licensee to deal with researching archive material may not be experienced in
this field, and also that without guidance from the archive supplier, may
not even be able to recognise that there is a copyright issue. So at SWFTA
we do our best to flag up copyright issues to clients and, as Dr Dark says,
to provide whatever information we have to help. In extreme circumstances,
and if we are concerned that a client may have neither the experience nor
the inclination to address the matter properly, and to safeguard our own
position, we would try to offer them alternative material.
Jennie Constable
Archive Researcher / Administrator
South West Film & Television Archive
Melville Building, Royal William Yard
Stonehouse, Plymouth PL1 3RP
Tel: 01752 202650
Email: [log in to unmask]
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