Copyright for Archivists and Records Managers, 5th edition

Jul 2015 | 384pp

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Copyright for Archivists and Records Managers, 5th edition

Tim Padfield

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collections such as maps, legal records, records of local authorities, records of churches and faiths, most notably unpublished works.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. 

The fifth edition of this respected work has been extensively revised and updated to include:

  • 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 
  • a major revision of the sections on 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
  • 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. 

Readership: This book will be useful reading for all archivists and records managers; LIS professionals in libraries, museums and galleries; students, researchers and genealogists.

1. What is copyright?    

  • Nature of copyright    
  • Development of copyright    
  • Copyright and records    

2. Copyright protection    

  • Protection for works    
  • Literary, dramatic and musical works    
  • Artistic works     
  • Films    
  • Sound recordings    
  • Other works    

3. Ownership         

  • Qualification     
  • First owner.     
  • Acquisition of copyright     
  • Assertion of ownership    

4. Publication, exhibition and performance    

  • Publication    
  • Exhibition and performance    

5. Use        

  • The copyright owner’s rights and infringement of them    
  • Permission    
  • Exceptions and limitations    
  • Copying in archives, libraries and museums    
  • Litigation and legal advice    

6. Copyright in the electronic environment     

  • Introduction     
  • Internet     
  • Electronic mail     
  • Databases     
  • Records in the electronic environment     
  • Computers and computer programs     

7. Special cases     

  • British Isles outside the UK    
  • Records of a repository’s parent institution or authority    
  • Gifts and deposits of records    
  • Public records    
  • Records of local authorities    
  • Records of ecclesiastical and religious bodies    
  • Legal records    
  • Electoral registers     
  • Business records     
  • Estate, manorial and personal records     
  • Hospital and medical records     
  • Transport records    
  • Office-holders, members and unincorporated bodies    
  • Maps, charts and plans, together with engravings and prints    

8. Other intellectual property rights     

  • Moral rights     
  • Databases and database right     
  • Publication right     
  • Public Lending Right     
  • Performers’ rights     
  • Designs, patents and trade marks     
  • Confidentiality     
  • Artist’s resale right (droit de suite)     

9. Appendix     

  • Charts for the duration of copyright     
  • Copyright Declarations     
  • Model licences     
  • Model assignment to the record office     

10. Bibliography     

  • Documents     
  • Books    
  • Useful websites    

11. Authorities     

  • Treaties and EU instruments     
  • Statutes     
  • Statutory instruments     
  • Cases

"Now in an updated fifth edition modified to include the latest developments in United Kingdom copyright law, Copyright for Archivists and Records Managers is a "must-have" for archive and reference professionals based in the UK. The updated content includes major revisions in the sections about copyright exceptions; additional information about dealing with copyright including acknowledgment and liability; and consideration of copyright cases that have come before the courts. From literary and dramatic works to email and internet databases, Copyright for Archivists and Records Managers covers virtually every written material imaginable, and distils British copyright law into plain terms accessible to readers of all backgrounds."
- Midwest Book Review

"Facet Publishing have branded these titles as part of a wider ‘Copyright Classics’ series: a fitting term given how much the sector has come to rely on the guidance provided by these authors ... with significant amounts of experience dealing with copyright issues through practice, lobbying policy-makers, and providing training to the archive, library and information management sectors."
 - Victoria Stobo, Archives and Records

Tim Padfield MA LLM worked at The National Archives (formerly the Public Record Office) for over thirty years before his retirement in 2013. He is a specialist in copyright, with particular reference to unpublished materials and has a postgraduate law degree, with merit. He is a past chair of the Libraries and Archives Copyright Alliance and is adviser on copyright to the Society of Archivists, the International Council on Archives and the Bodleian Libraries.

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