Copyright Permission?

[Richard]

Dear all,

Does someone need permission from the copyright holder to paraphrase their work and / or recommend a book / article to the readers of their text?

Thanks in advance.
Richard

[BAJR Host]

Fair use or fair dealing allows limited reproduction of copyrighted works for specific purposes, such as study or criticism.

1. The source of the material must be acknowledged.

2. The amount of the original copied.
Generally speaking the less, the better. "Quote or closely paraphrase as little as possible to make your point: under 10% is best; above 20% is high risk...although in some cases 1% may not be fair use, and 100% can be fair use, it?s impossible to provide percentage guidelines that always work".[1]

3. A small paragraph or sentence paraphrased or quoted verbatim from a source is likely fine, quoting or paraphrasing an entire article from a source is likely not.

4. The purpose of the copying.
If you reproduce some of an article or text as a guide or recommendation to their books, that is more likely to be considered a valid purpose than if you create content which could serve as alternative but be in a real sense a plagerism.

basically... nothing is 100% certain, and if in doubt.... as I learn... ask. For example, every video and every site that goes on Past Horizons, they get an email asking for permission... its easier that way (of course some emails go astray) Most people will be fine, but I do get the occasional who says, no... I don't want it on... in which case it comes down. You may also have the fun, of getting permission from people, who have already lifted content from elsewhere. <sigh> All you can do is try your best to get permissions... and be ready when it goes wrong (as it will). Do nothing knowingly..


[1] Howard Zaharof. Copyright: A Writer's Guide to Fair Use in Copyright Law. Writer's Digest.
http://www.todays-woman.net/article1528.html

"No job worth doing was ever done on time or under budget.."
Khufu

[RedEarth]

One thing that has slightly concerned me regarding copyright is the use and reproduction of original documentary sources. This seems like a very grey area as the copyright owner is often totally unknown and several organisations (ahem!) regularly and as standard reproduce, for example, sections of Tithe Maps in DBAs. Not to mention that some libraries are so terrified about letting people copy parts of OS maps (the OS are allegedly quite keen on sueing for copyright infringement, but I doubt this has ever been due to a library allowing a photocopy!) that they won't let you take a copy if it is for 'commercial' purposes, even if you have an OS licence to reproduce maps, because they claim it isn't their copyright to give away. Anyway, as all of the record offices now insist on forms being filled out that say you won't reproduce items (especially if it's for 'commercial' use) etc it's started to become a bit worrying. I, probably wrongly assume, that as the reports are not published it doesn't really matter (in the same way that it wouldn't for a student writing an essay or a dissertation and including copies of pictures etc) because it isn't published but who knows!?

[BAJR Host]

Even if not published... there has to be a licence... as it is for commercial gain.

"No job worth doing was ever done on time or under budget.."
Khufu

[Gog]

quote:Originally posted by RedEarth
several organisations (ahem!) regularly and as standard reproduce, for example, sections of Tithe Maps in DBAs.

Don't you mean all commercial units and consultancies? A DBA without maps is pretty useless. Specs often require that a full set of historic maps be included.

As I understand it (according to some archivists I know...) the copyright of most Tithe maps and similar sources, including all OS maps older than 50 years (i.e. out of Crown Copyright)will belong to the Record Office anyway (i.e. the relevant Archivist) who will likely give permission, especially as many do not consider grey reports to be 'published'. If they do not own the copyright, they will generally tell you when you try and order up the document - you may be allowed to see it, but they will not let you copy.

If in doubt, ask the archivists - ironically, though, they work for the same council that employs the curators who have often requested the DBA, and will send it back to you as unsatisfactory if it doesn't have any maps in it - checkmate.

Can any of the curators on the forum talk to their colleagues in the record offices about this, and get some definitive guidance on reproducing documents in grey reports?

[drpeterwardle]

Copyright law applies to creative works not everything that is produced.

Maps. By defintion tythe maps are out of copyright they are too old.

OS Maps the OS copyright licence is ?50 for the unlimited right to copy maps. However many libraries will not accept the licence and will stop you copying maps. Most record offices will not let you photocopy maps in any event in case you damage the map.

In any event under the freedom of infomation act you are entitled to copies of records or materials relating you or your property so in fact a council is in fact obliged to give you copies of material they hold - they can make a reasonable charge for this.


Peter

[BAJR Host]

Thats maps sorted... now Richard... have we come close to answering your question?

"No job worth doing was ever done on time or under budget.."
Khufu

[Gog]

quote:Originally posted by drpeterwardle
By defintion tythe maps are out of copyright they are too old.

Eh? The term 'Tithe' has nothing to do with copyright, so that is definitely not 'by definition'. They are out of Crown Copyright, but the record office will still hold the copyright if they possess the document (unless it is owned by someone else and only loaned) - try getting copies without signing forms.

The bit about councils being obliged to give information - do you know that as an absolute fact? I bet different county legal teams will provide radically different advice on that.

[BAJR Host]

oh well... not sorted then

"No job worth doing was ever done on time or under budget.."
Khufu

[voice of reason]

Peter is absolutely correct. Record Offices don't own the copyright to the Tithe maps. The maps were created so long ago any copyright ownership is irrelevant under current legislation.

They may either control the right of access (and hence can require a reproduction fee), or if you are not looking at the original map ie they have photographed or scanned them, they have created a new image and hence have copyright on that image (but not the orginal map).