William
I copy to the list my reply to your follow-up query (please see below), for
the information of others.
It's a fair point, but my advice (and that of my predecessors including
those who were responsible for advising on the current Act when it was still
before Parliament) is no. The archive privilege (s43) is very explicitly
worded to cover precisely the sort of activity covered by fair dealing, but
with extra provisions to transfer responsibility for infringement from the
archivist to the user. It is also very carefully worded to exclude artistic
works (except illustrations to literary, etc, ones). Our advice has always
therefore been that you cannot simply pick and choose those bits that suit,
and use the fair dealing section to get around something that you do not
like in the archival privilege.
The other problem is that s43 gives complete exoneration to the archivist:
if there is infringement, it is the responsibility of the user (providing
the archivist has followed the correct procedure). Fair dealing on the other
hand is merely a defence which depends on the court's interpretation of what
is fair in the particular circumstances of the case. If the court decides
that the user has misused the copy (ie commited an infringement which is not
excused by fair dealing), the archivist is just as liable as the user, even
though he or she did nothing but supply the copy.
Tim
-----------------
Tim Padfield
Copyright Officer
Curator of Photographs
Secretary of the Lord Chancellor's Advisory Council on Public Records
Public Record Office, Kew, Richmond, Surrey TW9 4DU
Tel: 020-8876 3444 ext 2351
Fax: 020-8392 5295
e-mail: [log in to unmask]
> ----------
> From: Schupbach ,Mr William[SMTP:[log in to unmask]]
> Sent: 09 January 2001 18:54
> To: [log in to unmask]
> Subject: copyright in artistic works
>
> Dear Mr Padfield,
> "Artistic works in a UK archive may be copied only if:* they are public
> records;* permission is obtained from the current copyright owner; or*
> copyright has expired." - your posting on Archives NRA
> This may be a naive question, but mayn't they be copied without these
> conditions, under the Fair Dealing clause s.29(1)?
> William
> William Schupbach
> Wellcome Library
> 183 Euston Road
> London NW1 2BE
> England
> e-mail [log in to unmask]
> library catalogue http://library.wellcome.ac.uk
> (To view catalogue, use Netscape browser View>Encoding>Unicode UTF8, or
> Internet Explorer View>Fonts>UTF8)
>
> [Registered charity no. 210183, Trustee registered in England no. 2711000]
>
>
>
>
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