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I am having a discussion with our legal team about our
reproduction licence paperwork, who have asked me to check that the legal onus
to trace copyright holders and/or clear copyright doesn’t fall on our
service. Historically, we’ve always put the burden of tracing a copyright
holder and clearing copyright on the person seeking to use copyright material –
we don’t have the resources to do anything other than provide whatever
contact details, if any, we have – and it’s not something that I’ve
ever heard of an archive doing. Moreover, common sense would dictate that the
person doing the legwork should be the person who intends to benefit, rather
than us.
However, if only for my own peace of mind, I’d like to
be able to cite chapter and verse that the correct person to bear the burden of
copyright clearance is the prospective licencee. I’ve looked over the
text of the CDPA 1988 and can’t find anything useful, I’m afraid;
the closest I can come is a page from the
ICO website on clearing copyright.
If anyone has any useful or illuminating information, I’d
be most grateful!
Thanks very much indeed, Patricia
--
Dr. Patricia Dark
Local History Library and Archive Manager
Southwark Council
Local Studies Library
John Harvard Library
SE1 1JA
Tel: 020 75250232
http://www.southwark.gov.uk/info/200161/local_history_library
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