Any literary, dramatic or musical work which had not been published when it was deposited in a record office or library may be copied in its entirety, and the copy may be supplied so long as:
- the copyright owner has not prohibited copying;
- no person is supplied with more than one copy of the same material;
- the person receiving the copy pays a sum not less than the cost of making the copy including overheads;
- the archivist or librarian is satisfied that the person receiving the copy requires it solely for purposes of private study or non-commercial research; and
- the person receiving the copy delivers to the archivist or librarian a statutory declaration form which has been properly completed.
Types of work protected
- Literary song lyrics, manuscripts, manuals, computer programs, commercial documents, leaflets, newsletters & articles etc
- Dramatic plays, dance, etc.
- Musical recordings and score.
- Artistic photography, painting, sculptures, architecture, technical drawings/diagrams, maps, logos.
- Typographical arrangement of published editions magazines, periodicals, etc.
- Sound recording may be recordings of other copyright works, e.g. musical and literary
- Film video footage, films, broadcasts and cable programmes.
- The Copyright (Computer Programs) Regulations 1992 extended the rules covering literary works to include computer programs
Self-service copying
If a record office permits self-service copying of documents, users may make copies under the fair dealing exceptions. These allow copies of literary, dramatic, musical and artistic works (whether published or unpublished) to be made:
- by a person acting for him or herself or for someone else, for the purposes of non-commercial research or private study, so a record agent acting for a non-commercial client is covered;
- for the purposes of criticism or review of that or another work; and
- of any work except a photograph for the purposes of current news reporting.
Education
Users from schools, colleges and universities are likely to be covered by licences obtained by their institutions from licensing bodies. These will permit the making of copies for very limited purposes for the use of students and teachers in the course of educational activities. Archivists should expect such users to be able to provide evidence that any copies they require are covered by a licence.
Infringement
The making and supply of a copy of a copyright work is an infringement of copyright unless an exception applies or unless the owner of the copyright has given permission. Unless otherwise stated, it is the person making and supplying the copy who infringes.
How long does copyright last in unpublished works?
- Copyright in works of art lasts for the lifetime of the author plus 70 years after their death;
- Copyright in unpublished literary or dramatic works, regardless of the date of publication or how old they are, will last until 2039 (1988 Copyright Designs and Patent Act);
- Copyright in unpublished works belonging to the Crown will last until 2039;
- Copyright in anonymous unpublished art works will last until 2039;
- If the author of any work died after 1969, copyright duration will depend upon when they died.
- Photographs taken before 1 July 1912 - the day the 1911 Copyright Act became law
- Photographs taken between 1 July 1912 and 31 May 1957 - the day before the 1956 Copyright Act became law
- Photographs taken between 1 June 1957 and 31 July 1989 - the day before the 1988 Copyright Act became law
- Photographs taken after 1 August 1989 - the day the 1988 Copyright act became law
- Photographs taken by unknown photographers
What is the Publication Right?
- This right is given to the first publisher of a work that is out of copyright i.e. it must not have been previously published;
- The first owner of publication right will be the person who first publishes the work. It lasts for 25 years;
- Since “publication” in this context, means making the work available to the public, the publication right in archival material will belong to the archive;
- This provision is relevant to unpublished out-of-copyright art works that a museum or gallery may make available to the public. It is also relevant to a work found in a private home and then published by a researcher/author. In this case, the researcher/author will be the first owner of the publication right;
- The provision is not relevant to unpublished literary works because all unpublished literary works are in copyright until 2039!
Restricted Acts
- It is an offence to perform any of the following acts without the consent of the owner:
- Copy the work.
- Rent, lend or issue copies of the work to the public.
- Perform, broadcast or show the work in public.
- Adapt the work.
- The author of a work, or a director of a film may also have certain moral rights:
- The right to be identified as the author.
- Right to object to derogatory treatment.
