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- Description
- Table of Contents
- About the author
As an archivist or records manager it is essential to keep up to date with the complexities of copyright legislation, and Copyright for Archivists and Records Managers will prove an invaluable tool in enabling you to do so.
What is copyright? Who owns it and for how long? What rights does it confer, and what are the limitations and exceptions? This comprehensive manual uniquely outlines copyright law in the UK with special reference to materials relevant to archive and records collections such as maps, legal records, records of local authorities, records of churches and faiths, most notably unpublished works. It also offers advice on rights in the electronic environment and the problems associated with rights clearance; and covers related areas such as moral rights and rights in databases. Among the topics covered:
- a description of the major changes to copyright exceptions and limitations for libraries and archives, including changes to library and archive copying for users and the declaration, changes to preservation copying and a new exception permitting on-site access to digital material;
- copyright exceptions, including descriptions of the extension of preservation copying to museums, orphan works schemes, education, parody, text and data mining, quotation and private copying;
- information about dealing with copyright, including acknowledgements and liability,a new small claims procedure in the courts of England and Wales, and which courts have jurisdiction over an infringement on the internet; and
- consideration of the many copyright cases that have come before the courts that have provided help with the interpretation of many aspects of the legislation; including the meaning of ‘transient and incidental', ‘scientific research', ‘parody' and ‘originality'; whether hyperlinking infringes copyright; and the relationship between the rights of a copyright owner and freedom of speech.
Acknowledgements
Preface
Key points
1. What is copyright?
1.1 The nature of copyright
1.2 The development of copyright
1.3 Copyright and records
2. Copyright protection
2.1 Protection for works
2.2 Literary, dramatic and musical works
2.3 Artistic works
2.4 Films
2.5 Sound recordings
2.6 Other works
3. Ownership
3.1 Qualification
3.2 First owner
3.3 Acquisition of copyright
3.4 Assertion of ownership
4. Publication, exhibition and performance
4.1 Publication
4.2 Exhibition and performance
5. Use
5.1 The copyright owner’s rights and infringement of them
5.2 Permission
5.3 Exceptions and limitations
5.4 Copying in archives, libraries and museums
5.5 Litigation and legal advice
6. Copyright in the electronic environment
6.1 Introduction
6.2 Internet
6.3 Electronic mail and social media
6.4 Databases
6.5 Records in the electronic environment
6.6 Computers and computer programs
7. Special cases
7.1 British Isles outside the UK
7.2 Records of a repository’s parent institution or authority
7.3 Gifts and deposits of records
7.4 Public records
7.5 Records of local authorities
7.6 Records of ecclesiastical and religious bodies
7.7 Legal records
7.8 Electoral registers
7.9 Business records
7.10 Estate, manorial and personal records
7.11 Hospital and medical records
7.12 Transport records
7.13 Office-holders, members and unincorporated bodies
7.14 Maps, charts and plans, together with engravings and prints
7.15 Legal deposit
8. Other intellectual property rights
8.1 Moral rights
8.2 Databases and database right
8.3 Publication right
8.4 Public Lending Right
8.5 Performers’ rights
8.6 Designs, patents and trade marks
8.7 Confidentiality
8.8 Artist’s resale right (droit de suite)
9. Appendix
9.1 Charts and tables for the duration of copyright
9.2 Copyright Declarations
9.3 Model licences
9.4 Model assignment to the record office
10. Bibliography
10.1 Documents
10.2 Books
10.3 Useful websites
11. Authorities
11.1 Treaties and EU instruments
11.2 Statutes
11.3 Statutory instruments
11.4 Cases
Index