Liz
For archival materials that are still in copyright, your plan to restrict use to private study only deprives users of the benefit of other exceptions under copyright law, such as fair dealing for the purposes of non-commercial research, criticism or review, or use for the purposes of an examination (eg in a thesis or dissertation). Also, the form that you would be asking them to sign would have limited value if it ever had to be produced in legal proceedings, unlike the statutory declaration form used for copying by librarians and archivists. If you wish to allow self-service copying it would be better to provide general advice on what is permitted under the exceptions in copyright law, for instance on a poster or leaflet, and make sure that it is prominently displayed or is given to all who wish to make copies. If you have access to a copy of my book, see paras 5.3.20 and 21 for more on this subject. For out of copyright published materials and out of copyright archival materials (such as older artistic works), it is difficult to see what justification you would have for any restriction on the purpose of copying.
As to the charge, what are you charging for? If you wish to be able to justify charging it might be better to allow free copying but to require payment of a fee for subsequent commercial or online use of the images, as an image library does. This is unrelated to copyright: the fee is paid for the use of your material. If you do not want the bother of licensing, which is quite labour-intensive if you are going to do it properly by (for instance) pursuing unlicensed use, you could allow unrestricted copying and use but require acknowledgement of the Society.
Tim
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Tim Padfield
Copyright Officer and Information Policy Consultant
The National Archives, Kew, Richmond, Surrey TW9 4DU
+44 (0)20 8392 5381
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PLEASE NOTE: ANY ADVICE GIVEN MUST NOT BE TREATED AS LEGAL ADVICE, FOR WHICH PROFESSIONAL ADVICE SHOULD BE SOUGHT
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-----Original Message-----
From: Archivists, conservators and records managers. [mailto:[log in to unmask]] On Behalf Of Liz Taylor
Sent: 18 February 2013 16:44
To: [log in to unmask]
Subject: Limiting self-service photography?
At the RHS Lindley Libraries we are reviewing our current policy regarding self-service photography of archives and books. We found the thread instigated by Gary Collins around the subject a while ago extremely useful.
We are considering allowing unrestricted, free photography of out of copyright books and of archives, requiring users to complete a form restricting use to private study. In his summary Gary pointed out that most institutions do not impose any restriction on number of images taken, however those institutions which charge by the image are likely to be introducing some degree of self-imposed financial constraint. Might we be opening ourselves to problems of one sort or another if we have no constraint at all? If we do decide to impose a limit, or a charge, we want to be able to justify it.
I’d be grateful for any observations from anyone with experience of this.
Many thanks.
Liz Taylor
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Liz Taylor
Archivist
RHS Garden Wisley
Woking
Surrey GU23 6QB
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