Hi Julie,

Many thanks for bouncing this message on, which is most interesting.

Your interpretation here of 'first published' certainly goes against the interpretation we have had in the National Library of Scotland for many years. We have interpreted 'first published’ as the first date on which an individual copyrightable work is published. So this would mean when an individual map sheet – as an individual artistic work under the Act – was published, not the earliest item in the wider series. 

Take the example of a set of books, assuming these were written by a government department and therefore Crown Copyright, released successively over 10 years: we would not calculate copyright duration for each volume based on the release date of the first, we would calculate duration individually per volume. 

Surely the duration of copyright is per work not per series, and in this case that means per sheet, not per map series? For your Kenya 1:50,000 series that was started in 1957, those sheets that were published in or prior to 1965 are out of copyright (in 2016), but not the sheets published after this time.

The Ordnance Survey's statement of copyright for public libraries at: https://www.ordnancesurvey.co.uk/business-and-government/licensing/licences/public-libraries.html states that 'For Ordnance Survey maps which are less than 50 years old copying is likely to be an infringement of Crown Copyright...'

I am no lawyer and we may be interpreting things incorrectly - so I'd be very interested in further thoughts on this.

Chris

Chris Fleet
National Library of Scotland
159 Causewayside, Edinburgh EH9 1PH

Tel: 0131 623 4670
Email: [log in to unmask]
Website: maps.nls.uk 
Twitter: @natlibscotmaps 
Facebook:  /NationalLibraryofScotland 


From: Maps-L: Map Librarians, etc. [[log in to unmask]] on behalf of Julie Sweetkind-Singer [[log in to unmask]]
Sent: Monday, February 29, 2016 8:14 PM
To: [log in to unmask]
Subject: Crown copyright update for scanning

Hi, all,

 

I’ve been emailing back and forth with Judy Nokes, the Information Policy Adviser at The National Archives in the UK.  We have a number of map sets we wanted to scan and I was asking for permission to do so for research purposes, assuming they were in copyright.  Here’s what Judy has to say about it.

 

If the maps are Crown copyright and have been published, then anything you have which is dated prior to the end of 1965 will now be out of copyright.  As I said before, you don’t have to, but we would appreciate that the source of the maps is duly acknowledged.”

And

“To explain, Crown copyright lasts for 50 years from the end of the year in which material was first published, as referred to in section 163 of the Copyright, Designs and Patents Act 1988.”

 

Note in the second sentence she states that is “50 years from the end of the year in which material was first published.”  This means that a set such as a Kenya 1:50,000 set that was started in 1957 but not completed until, say, 1975 is fair game for the whole set. 

 

We are now going through all of our maps to find Crown Copyright maps with a start date prior to the end of 1965 to scan.  Judy stated that I no longer need to ask permission for each set, it is granted by their laws. 

 

Here is the license as an FYI.

www.nationalarchives.gov.uk/doc/open-government-licence/version/3/  

 

I hope this is helpful to those of you scanning maps from your collections.  As we get ours scanned, we’ll create index map shapefiles and add to Chris Thiry’s site.

 

Best,

 

Julie

 

****

Julie Sweetkind-Singer

Assistant Director of Geospatial, Cartographic and Scientific Data

Head Librarian, Branner Earth Sciences Library & Map Collections

397 Panama Mall, MC: 2211

Stanford University

Stanford, CA 94305

650-725-1102

 

 

National Library of Scotland, Scottish Charity, No: SCO11086

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