LocScot's Digitisation Day School 18th March 2016

National Library of Scotland
Leabharlann Nàiseanta na h-Alba
Digitisation DaySchool
Friday 18th March 2016
Presentations from the Panel
Ines Byrne – Digitisation and Library’s future strategy
Jennifer Giles – Local studies: what to digitise?
Ian Scott - Newsplan for the 21st C?
Graeme Hawley – Licensed Digital Collections
Fred Saunderson – Getting Copyright Right!
Craig Statham – Maps: copyright and reuse

DIGITISATION
AND THE LIBRARY’S NEW STRATEGY
Ines Byrne
Digital Collections Specialist
i.byrne@nls.uk
0131-623-3759

Physical Collections at the National Library
25 million physical items in 490 languages
• 15 million printed items
• 7 million manuscripts
• 2 million maps
• 32,000 films
• 172,000 serial-type materials (active and closed)
• 5,000 items received per week via Legal Deposit
• 1/5 of our published collections seem to be the only copy in public collections
• 4/5 of our collections are not recorded electronically at item level
• 1.87 million physical items are undiscoverable
• 0.75 million digital items are undiscoverable

Digital Collections at the National Library
mainstream and local publications
Non-print Legal Deposit (since 2013)
• monographs, serials, ephemera, websites
• ca 1.3 million journal articles
• ca 50,000 eBooks
• ca 4 million URL seeds (3.4 billion URLs)
Licensed digital collections
• monographs, serials, historic archives, databases, indexes
• 60 collections accessible remotely within Scotland
Digitised from our analogue collections
• ca. 170,000 paper-based items / 5.2 million images (monographs, serials,
photographs, posters, maps, manuscripts)
• ca. 3,500 film clips, circa 1,500 of those are online
• some reel-to-reel tapes, shellac records, wax cylinders, cassette tapes and CDs

Digitisation at the National Library
Current annual throughput
1 million images from bound printed materials
80,000 flat-sheet maps
20,000 images from manuscripts, photographs, slides, microfilms, bound
maps/atlases, pamphlets, outsized book formats
= under 100,000 items per year

New NLS strategy: 'The way forward 2015-2020'
We will make it easier to access our collections.
By 2025 – the centenary of the Library’s foundation – we will
complete a full listing of the Library’s holdings
and have a third in digital format.
We will identify the main collection areas for digitisation and take action to
make that material globally available.
http://www.nls.uk/news/archive/2015/09/library-strategy

Digital collections development under the new strategy
Prognosis for 2025
40 million items in our collections
28 million (70%) analogue
7 million (17.5%) born-digital
5 million (12.5%) digitised
 target annual digitisation throughput = 500,000 items for 10 years
(includes circa 180,000 titles currently on microfilm)

LOCAL STUDIES
WHAT TO DIGITISE?
Jennifer Giles
Curator (Scottish Communities & Organisations)
j.giles@nls.uk
0131-623-3910

LOCAL MATERIAL – WHAT TO DIGITISE?
• Local titles of known use?
• ‘Go-to’ history of a town, area or industry?
• Items NLS holds but you don’t?
• Wider sources, eg. Scottish Burgh
Surveys?, local newspapers?, “Scots
Magazine?”, Referendum leaflets?.
• What do you propose?

HOW TO MAKE IT AVAILABLE?
• A link to the digital item from NLS’s
catalogue record.
• A link from an external catalogue record, or
website?
• Create a ‘Local History’ hub?

An Introduction to the Modern Collections

ABERDEEN [possible example of a web information
page]
Key Histories:
Aberdeen Street Names by G. M. Fraser (1911)
The Churches of Aberdeen by Alexander Gammie (1909)
Memorials of the Aldermen, Provosts, and Lord Provosts of Aberdeen by Alexander M. Munro
(1897)
Historical Aberdeen by G. M. Fraser (1905)
Aberdeen Awa’ by George Walker (1897)
Aberdeen in Byegone Days by Robert Anderson (1910)
Merchant and Craft Guilds: A History of the Aberdeen Incorporated Trades by Ebenezer Bain
(1887)
East Neuk Chronicles by William Skene (1905)
Hard copies of these and many other titles relating to Aberdeen can be found in:-
• The National Library of Scotland, in Edinburgh
 Explore the catalogue here http://main-cat.nls.uk/vwebv/searchBasic?sk=nls_en
 For more information contact – Jennifer Giles (j.giles@nls.uk; 0131-623-3910)
• Aberdeen City Library, in Aberdeen
 Explore the local resources -
http://www.aberdeencity.gov.uk/Library_Service/Services/lib_local_home.asp
 For information contact - Tel: 01224 652543; Email: LocalStudies@aberdeencity.gov.uk)

Ian Scott
Curator (Sport, Leisure & Newspapers)
i.scott@nls.uk
0131-623-3911

LICENSED DIGITAL COLLECTIONS
Graeme Hawley
General Collections Manager
g.hawley@nls.uk
0131-623-3905

Copyright and
digitisation
Fred Saunderson, National Library of Scotland
LocScot 18 March 2016

Copyright essentials
Copyright is a transferable property right that subsists in certain works:
• Literary, dramatic, musical and artistic works
• Films, sound recordings, broadcasts, software, typographical arrangements
Works must be recorded and original
Copyright is naturally arising
Protection lasts for a fixed duration
Allows the owner to control substantial use – Acts restricted by copyright:
• Copying the work
• Issuing copies of the work to the public
• Performing, showing or playing the work in public
• Communicating the work to the public
• Adapting the work, or doing any of the above in relation to making an adaptation
Except with permission, doing any of these acts is infringement
The author is normally the first owner of copyright, except when a work is created in the course of employment, in
which case the employer is the first owner by default
‘Standard’ copyright duration is for a period of 70 years from the end of the year in which the last living author died
(published literary, dramatic, musical and artistic works of known authorship) – But there are many other durations!
Copyright, Designs and Patents Act 1988 (an up-to-date, but unofficial, version is available from the IPO here)
Berne Convention (1886 onwards)
Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information
society (InfoSoc Directive)
Copyright and digitisation – Fred Saunderson
18 March 2016

18 March 2016
The National Archives, http://www.nationalarchives.gov.uk/documents/information-management/copyright-related-rights.pdf, available under the OGL

Copyright exceptions
Exceptions to copyright enable certain uses of in-copyright material without requirement to obtain explicit
permission from copyright owner(s). Many exceptions were updated or expanded in 2014.
Exceptions must comply with the Berne convention’s ‘three-step test’ – Exceptions are permitted ‘in certain
special cases, provided that such reproduction does not conflict with the reasonable exploitation of the work
and does not unreasonably prejudice the legitimate interests of the author’ (Berne Convention, 1979, Article
9)
Many UK exceptions are premised on ‘fair dealing’ – How would a fair-minded and honest person have dealt with
the work?
• Does the purpose affect the market for the work?
• Is the amount of the work used reasonable, appropriate, and no more than necessary?
Not the same as ‘fair use’ in the United States – Fair use is an open-ended exception, whereas fair dealing is a
qualifier to certain specified exceptions
UK copyright exceptions are split into sections:
• General (sections 28A-31 of the Copyright, Designs and Patents Act 1988 – N.B. s. 28B has been quashed)
• Disability (s. 31A-31F)
• Education (s. 32-36A)
• Libraries and archives (s. 40A-44A)
• Public administration (s. 45-50)
• Further exceptions up to s. 76
18 March 2016

Licences
The other way to use material that is in copyright is with permission from the copyright owner(s) – under licence.
Licensing agreements – formal and informal
‘Blanket’ licences to cover future use – Creative Commons or Open Government Licence
Most Crown copyright material is available for re-use under the Open Government Licence – See:
http://www.nationalarchives.gov.uk/information-management/re-using-public-sector-information/licensing-for-re-use/
18 March 2016

Orphan works
An orphan work is a work that is protected by copyright but where one or more of the copyright owners is unknown
or cannot be located.
Protected by copyright – know durations, works in the public domain cannot be copyright orphans
Copyright owner – not necessarily ‘author’ – copyright is a transferable right
One or more – there can be multiple joint copyright owners – permission is needed from all
Orphan works licensing scheme (UK)
• Seven year non-exclusive licences for UK use of an orphan work for commercial or non-commercial purposes
• Administered by the Intellectual Property Office
• Must undertake a diligent search for the copyright owner(s)
• Licence fees (10p to tens of thousands of £s) and application fees (£20 to £80)
• One application can be for up to 30 works
Orphan works exception - Certain permitted uses of orphan works (EU)
• Certain publicly accessible cultural heritage organisations (including libraries, educational establishments,
museums, and archives) can digitise their orphan works and place online for non-commercial use
• Standalone artistic works are excluded
• Diligent search, but no fees
• Administered by the Office for Harmonisation in the Internal Market (OHIM) – EU orphan works database
Consider options!
18 March 2016

Digitisation and copyright
Your reasons for digitising a work can have a big impact
Copyright exceptions can enable works to be digitised by organisations even when they are in copyright, for
example for:
• Preservation of rare or irreplaceable items (Copyright, Designs and Patents Act 1988 s. 42)
• Making available on dedicated terminals on your premises (s. 40B)
• Orphan works (that aren’t standalone artistic works) (Schedule ZA1)
But these may not be the easiest ways to undertake BIG digitisation projects
Unless you’re using a copyright exception you need:
• to ensure the work is out of copyright
• to get a licence
• adapt a risk appetite for digitising works
18 March 2016

18 March 2016
1. Is the work in copyright?
2. If it is, or you think it might be, can
you digitise it under an exception?
3. If you can’t, can you get
permission?
4. If you can’t, what’s your risk
appetite for proceeding?
5. If you do digitise, who is doing the
work? If it isn’t you, what rights do
they have? What’s your agreement
with them?

Rights after digitisation – New assets
Debatable whether faithful digital reproductions of two-demensional
works are sufficiently ‘original’ to attract copyright protection
Either way, label assets – make re-use and access conditions as clear
as possible
Re-use of Public Sector information Regulations 2015
18 March 2016
Images
Metadata Structure

Fred Saunderson
Intellectual Property Specialist
f.saunderson@nls.uk
/NationalLibraryofScotland
@natlibscot
@fredsaunderson
THANK YOU
Except for images or where otherwise stated this presentation is © National Library of Scotland and is licensed under the Creative Commons Attribution
4.0 International Licence. To view a copy of this license, visit: http://creativecommons.org/licenses/by/4.0/

Copyright, Permissions and
Maps
Craig Statham

Copyright
Craig Statham

A common misconception
… and the reality
Craig Statham
We don’t hold the copyright of any maps
Some of our maps are in copyright
We hold copyright for the digital maps images
If you own a copy of an out-of-copyright map,
you can use it without permission

Permissions
Craig Statham

A general rule
Craig Statham
If you can buy the map from our website
… then you apply to the National Library of Scotland
for the right to use it in your project

However …
Craig Statham
If the map is on our website but you can’t buy it,
then we can’t give permission

And remember …
Craig Statham
Just because a map isn’t on our site doesn’t mean
we don’t have it

The library catalogue
http://main-cat.nls.uk/vwebv/searchAdvanced
Craig Statham

And a few more things …
Craig Statham
Yes, you can use screengrabs!
And you can right click and save the map
And you can print from the PDF button
You can use these under CC-BY-NC-SA

Using Our Maps!
Another General Rule
Craig Statham
Is the usage going to be commercial?
But it’s not quite that simple – you need to contact
us even if your usage is non-commercial

Using Our Maps!
Craig Statham
Is the book being sold?
Is it being sold to cover costs?

Using Our Maps!
Craig Statham
Is there a charge to enter the exhibition?
Copyright: East Lothian Museums Service

Using Our Maps!
Craig Statham
Does the journal charge a fee to
members?
Is it being sold to cover costs?
https://commons.wikimedia.org/wiki/Category:Journal_covers#/media/File:Jnl_cover_israel.jpg
https://creativecommons.org/licenses/by-sa/3.0/deed.en
Copyright: Berghahn Journals

Using Our Maps!
Craig Statham
Does the website charge a fee to join?
Does it host advertising?
Does it sell anything?
https://upload.wikimedia.org/wikipedia/commons/2/24/Consistent_Exp
erience_Across_Multiple_Screen_Sizes.jpg?uselang=en-gb
Copyright: IntelFreePress

Using Our Maps!
Craig Statham
https://upload.wikimedia.org/wikipedia/commons/0/0b/Captain_America_The_Winter_Soldier_-_Stealth_S.T.R.I.K.E._Suit.jpg?uselang=en-gb
Copyright: Fetx2003
Copyright: BBC

Using Our Maps!
Craig Statham
https://creativecommons.org/licenses/by/3.0/deed.en
https://upload.wikimedia.org/wikipedia/commons/4/49/Criterion_Theatre_London_2011.jpg?uselang=en-gb
Copyright: Andreas Praefcke
Copyright: http://www.muralswallpaper.co.uk

Using Our Maps!
Craig Statham
https://creativecommons.org/licenses/by/2.0/deed.en
https://upload.wikimedia.org/wikipedia/commons/b/b2/'Tourist_tat'_in_a_Main_Street_shop_-_geograph.org.uk_-_252369.jpg?uselang=en-gb
Copyright: Stanley Howe
Copyright: NahidSultan
https://upload.wikimedia.org/wikipedia/commons/3/3b/Bengali_Wikipedia_Mug.jpg?uselang=en-gb

If in doubt … just ask
Craig Statham
maps@nls.uk
0131 623 4660

Craig Statham
c.statham@nls.uk
/NationalLibraryofScotland
@natlibscotmaps
THANK YOU
Except for images or where otherwise stated this presentation is © National Library of Scotland and is licensed under the Creative Commons
Attribution 4.0 International Licence. To view a copy of this license, visit: http://creativecommons.org/licenses/by/4.0/

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