Meghan
You appear to be considering only the views of the source repository. You should also consider the copyright position.
Most, if not all, of the copies supplied to your researchers will have been made under the archive copying provisions, which permit the making of a single copy for a specified person who undertakes to use it only the purposes of non-commercial research or private study. The declaration form does not explicitly forbid the passing of the copy to another person or body, but on the face of it deposit in a record office is not itself a 'use' for research, though it might lead to such uses. My advice to archives, therefore, is not to accept the deposit of copies unless the making of those copies was clearly on terms which allowed deposit. There is a further difficulty that once received, the record office may not make copies; the regulations explicitly do not permit the making of a copy from a copy.
You might think that the preservation copying provision might help instead, but that covers only the replacement of items lost, destroyed or damaged. It does not allow the deposit of surrogate copies of items held elsewhere.
Tim
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Tim Padfield
Copyright Officer
Secretary of the Lord Chancellor's Advisory Council on National Records and Archives
Curator of Photographs
The National Archives
Kew
Richmond
Surrey TW9 4DU
Tel +44 (0)20 8392 5381
Fax +44 (0)20 8487 9219
E-mail [log in to unmask]
Website http://www.nationalarchives.gov.uk
_________________________________________________________________
Please note:
Although I have some legal training and qualifications, any advice I give on copyright or archival issues is not to be taken as legal advice. If you need formal legal advice you should consult a solicitor with expertise in the appropriate field.
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-----Original Message-----
From: Archivists, conservators and records managers.
[mailto:[log in to unmask]]On Behalf Of Meghan Cote
Sent: 28 September 2006 15:16
To: [log in to unmask]
Subject: Deposit of surrogates from other archives
Dear Colleagues,
We are currently working with an academic department on a research
project which includes the development (cataloguing, etc.) of related
archive material at the University. In the course of their research they
have also acquired copies of archive material from other repositories,
which they wish to deposit with Special Collections as part of the
project's output (which will also include transcripts of interviews,
etc).
We are interested to hear how other archives handle surrogate material
from other repositories. For example, do you receive written permission
from the repository before depositing the material? How do repositories
on the giving end deal with this?
Many thanks,
Meghan Cote
Project Archivist
Special Collections
Edinburgh University Library
George Square
Edinburgh
EH8 9LJ
http://www.lib.ed.ac.uk/speccoll/
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