The document discusses the complex copyright issues arising from digitization, emphasizing that copyright exists in various forms and can be difficult to navigate, particularly regarding ownership and rights holders. It underscores the importance of negotiating licenses, obtaining legal advice, and being aware of data protection regulations when dealing with digital materials. Additionally, it highlights that despite challenges, project creators can often work around these problems with careful management and planning.

1. Rights Issues in Digitisation Alastair Dunning Arts and Humanities Data Service, King’s College London i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take any legal responsprint small print am not a lawyer do not take any legal responsibility small print i am any legal responsibility small print i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take i am not a lawyer do not take any legal responsibility small print i am not a lawyer do not take any legal responsibility small print

2. Digital Copies “ Looking” at something on the web is the wrong terminology Much of what you see is downloaded to your computer Copies of original works in digital form are therefore proliferating at an incredible pace  Immense copyright problems for artists and potential digitisers

3. The angry Mr. Hogarth 18 th -century copying initiated law Additions since then (1842,1862, 1911, 1955, 1988, 1993, 2003) Copyright, Design and Patents Act, 1988 is the key legislation An Intellectual Property Right Subsists in creative, recorded output Does not need to be asserted

4. Nearly everything is creative Original literary, dramatic, musical or artistic works Sound recordings, films, ‘communication to public right’ Typographical arrangement of published editions But must be recorded in some format Quality is irrelevant

5. Duration of copyright The author or creator’s lifetime and then: 70 years - literary, dramatic, musical & artistic works, films 50 years – ‘Communication to public right’ (websites, tv, cable), sound, computer generated works & performances 25 years - typographical arrangements (from date of publication) Crown Copyright – up to 125 years Historical / retrospective, anonymous, unpublished work can be more difficult to define

6. Who owns copyright? Author or Creator of Work … … or a full-time employer Multiple rights frequently exist Ownership can be bequeathed / sold Ownership of object does not give you copyright control Beware of photographs

7. Rights associated with copyright Enables copyright holder to prevent reproduction Owner has exclusive right to exploit the work Infringement can mean legal action Fair Dealing allows for limited copying Author retains all moral rights

8. Copyright subsists ... Now what? Rights holder(s) might already be known Direct contact? Or contact via agency? Obtain rights by negotiating and then developing new license form or updating existing ones Performing Rights Society Copyright Licensing Agency Newspaper Licensing Agency

9. Developing licence agreements Needn’t be long; must be precise … … but flexible enough to deal with technical evolution and future project planning Sample models in existence, but will need to be tailored for individual projects Try and exploit institutional help Licence(s) must identify all rights holders Clarify who holds the digital rights Sample at http://vads.ahds.ac.uk/fineart/feasibility.html

10. What if rights-holder is not obvious? Ideally, a legacy of documents provides this information … … but this legacy often does not exist or requires much work to uncover The Law does not exempt the digitiser But many projects do advance if they feel they can defend their position I.e. Non-commercial, educational purpose to project Projects must judge risk of prosecution against advantages in proceeding. Tracing copyright holders

11. Even more issues … Digital Rights Digital objects have copyright too Database Rights Complex database design Publication Rights Discoveries can be rewarded Moral Rights Author have their rights too Eeek!

12. Even more issues … Data Protection Data Protection Act, 1998 Data controllers must be aware of the possibility of recording data which can identify living people Implied consent needed for all personal data Explicit consent required for sensitive personal data Religion, health, politics, sexuality Exceptions made for researchers Data can be held indefinitely May be used for other purposes Non-identification of persons is the key

13. In conclusion Don’t panic. Problems can often be worked around Obtaining legal advice often necessary Negotiation and Organisation – Good practice Management – Copyright can influence much of your project As with most of the workshop, a project management issue Identify problems early on - ultimately, it is your responsibility Research – Tracing copyright holders