May just be of interest . . .
Tinho
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Date: 18 October 2006 15:49 +0100
From: "Padfield, Tim" <[log in to unmask]>
To: [log in to unmask]
Colleagues
The following notice will, I hope, appear in the December edition of ARC.
Copying of Ordnance Survey maps
LACA (the Libraries and Archives Copyright Alliance) has successfully
concluded a new Agreement with Ordnance Survey to regularise and clarify
the permitted conditions under which librarians and archivists may copy
mapping for users. Librarians and archivists within 'prescribed libraries
and archives' (defined by the library and archive copying regulations, SI
1989/1212, including all archives in the UK) are now formally permitted to
copy from OS copyright paper and electronic mapping for users without
specific licensing under terms similar to fair dealing copying. The
Agreement takes effect from 1st November 2006 and will be reviewed in
December 2009.
An agreement was necessary because maps are treated by copyright law as
artistic works and are not covered by section 39(1) of the Copyright
Designs and Patents Act 1988 ('the Act') which relates to the copying of
published copyright works by librarians and archivists. The OS has
explicitly accepted that the law allows users to make fair dealing copies
from artistic works, including mapping, for themselves, whether from paper
or digital originals. However, the law does not allow librarians and
archivists to provide 'library privilege' copies of artistic works for
users (except where an illustration is incidentally included with a text)
unless licensed. Crown Copyright subsists in OS mapping for 50 years.
Under the Agreement, OS will not object to up to four copies of no more
than 625 sq cm (the equivalent of an A4 sheet) being made from paper maps
nor to the production of prints of the same area from electronic data, by
librarians and archivists provided that the prescribed conditions set out
in section 39(2) of the Act are complied with, namely:
(i) that copies are only supplied to persons satisfying the librarian or
archivist that they require the copy for the purposes of research for a non
commercial purpose or private study and will not use them for any other
purpose;
(ii) that no person is furnished with more than one copy of the same
material or with a copy of more than a reasonable proportion of any work;
and
(iii) that the person to whom copies are supplied is required to pay for
them a sum not less than the cost (including a contribution to the general
expense of the library) attributable to their production.
Furthermore OS requires that each copy made is accompanied by an
acknowledgment in the following form (unless this is impossible for reasons
of practicality or otherwise): © Crown Copyright. Reproduced by permission
of Ordnance Survey®.
Additionally Ordnance Survey and LACA have both approved
· A guidance Poster which should be displayed in prominent positions
close to copying equipment (including computers from which OS digital
mapping can be accessed) in all places where such copying may take place.
Copies of this Poster are available free of charge in English and Welsh on
request from OS.
· The terms of a letter from Ordnance Survey to LACA (the 'Side
Letter') setting out the circumstances in which library and archive staff
may make copies for and on behalf of members of the public. A copy of the
Side Letter is available from OS.
Any questions, or orders of posters and Side Letter, should be directed to
the OS Customer HelpLine 08456 050505. Further information and downloads of
the Posters and Side Letter can be found at
http://www.ordnancesurvey.co.uk/oswebsite/business/copyright/libraries.html
There is also a link from the LACA web pages at www.cilip.org.uk/laca
Tim Padfield
The National Archives and chair of LACA
------------------
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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Tinho da Cruz
Conference Administrator (non-academic)
<http://www.epc2006.co.uk/>
...............................................................
Antonio da Cruz (Tinho) [log in to unmask]
Map Curator, Department of Geography, Roxby Building
University of Liverpool, LIVERPOOL L69 7ZT
Telephone: 0151 794 2844 Fax: 0151 794 2866
See the British Archaeological Association web page
http://www.britarch.ac.uk/baa
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