Copying policy

You can download a Word version of this policy here.

1. Policy statement and purpose

This policy explains how you can get copies of original documents and local studies publications held at Gloucestershire Archives and the restrictions on doing so.

 

2. Scope

The policy applies to copies of material held at Gloucestershire Archives for remote users, personal use and publication.   It does not cover the copying of new digital deposits or donations for preservation and access purposes; this is dealt with in our Digital Preservation policy.

 

3. Terminology

Archives are the record of everyday activities of governments, organisations, businesses and individuals. Archives may take many different forms – handwritten, typed, printed, photographic or electronic – and include audio-visual material such as video and sound recordings. As authentic and reliable records, they are preserved permanently because of their evidential and historical value.

Copyright is a property right and can be sold or transferred to others. Works stay in copyright for varying lengths of time. Many archives are in copyright until 2039.  

Copyright law protects the expression of an idea once it has physical form, such as a piece of writing, a photograph, music, a film or a web page, whether published or unpublished. It generally prohibits others from copying and reproducing these. The creator (author, composer, artist, photographer etc) owns the copyright of their work unless they produced this in the course of their employment, in which case the employer is usually the copyright owner.

 

4. Background

Gloucestershire Archives gathers archive collections and local and family history resources to ensure they are kept secure and made accessible.

We are an accredited archive service recognised by The National Archives as the place of deposit for public records relating to Gloucestershire and South Gloucestershire.

We are a Gloucestershire County Council service.  By agreement, we also provide an archive service for South Gloucestershire Council and are the appointed Record Office for the Diocese of Gloucester.

We are a lead partner in the Gloucestershire Heritage Hub, a network of local people and organisations with a common interest in our historic county's documented heritage.

 

5.  Permission to copy

 

We consider four factors when making decisions about copying items in our collections:

 

-          Whether there is a statutory or legal reason that prevents open access to the records.

 

-          Copyright law:  The main statute in the UK is the Copyright Designs and Patents Act 1988.  We will advise you about any intellectual property issues relating to your copying request.

 

-          The rights of depositors and donors: Most of the documents in our collections are owned by individuals and public bodies. These owners (depositors) may occasionally specify that their permission is needed before looking at or copying their documents. People who have given documents to us (donors) may occasionally specify similar restrictions. We will let you know when this is the case.

 

-          Our responsibilities as the custodian: We are committed to caring for and providing access to documents in our collections, both now and in the future. We only allow methods of copying that are suitable for the nature and condition of the document or publication concerned and will restrict copying when plans for using the copy in a publication could put the sustainability of our service at risk. Also, we will restrict the bulk copying of documents which are available on any commercial partner’s pay per view website if your intention is to publish them.

 

We also consider all of these factors and make all reasonable efforts to obtain all relevant permissions, when copying items for our own use.

 

6.  Getting a copy

 

We allow copying under the terms of ‘fair dealing’ (see section 11 Reference below for further information).  You can usually make a single copy of a document or publication for non-commercial research and private study. 

 

For each copy, you will need to check with a member of staff whether a document is suitable for copying, buy a camera pass or licence, and complete a copyright declaration form. Please use non-flash camera equipment. 

 

If you are unable to visit you can use an independent researcher to undertake photography on your behalf.  

 

If you wish to undertake or commission a large amount of copying, you should consult us (via archives@gloucestershire.gov.uk) for further advice. Scanning of collections by customers is not permitted.

 

You can find more information about making copies, including our current copying charges, at: Copyright Advice

7.  Permission to publish

 

You need our consent to publish any copy that you have made or obtained. Publication includes mounting a copy on the internet or sharing it on social media or distributing in any form.

When we receive your request, we will remind you of any copyright conditions that apply and, in the case of documents, check that the owner or donor has not placed any restrictions on publication. We will also let you know about wording that you should use to acknowledge Gloucestershire Archives.

We make a charge for the publication of images in our collections, whatever their format or source. We offer special rates to members of community groups who intend to use these images in hard copy publications that will enhance our local studies collection and/or improve access to the heritage of Gloucestershire and South Gloucestershire.

We will make every effort to remove online copies of original documents held at Gloucestershire Archives which we have not authorised or which infringe copyright.

 

8.  Media companies

We welcome and assist members of the media by prior arrangement. There is a charge for this service. Where your intention is to film or photograph items, we require at least one working week’s notice so we can confirm that there are no copying restrictions on them. 

 

9. Roles and responsibilities

A senior member of staff will review copying arrangements annually, oversee the delivery of this policy, and keep a watching brief on any legislative changes.

 

10.  References

This policy should be read alongside related Archives Service policies, in particular our Digital Preservation Policy and Public Task Statement, as well as our Reclosure and Takedown Policy which can be found at www.gloucestershire.gov.uk/archives/policies.

For detailed copyright advice on archives please see Copyright for archivists and records managers by Tim Padfield (Facet Publishing, 6th edition 2019).

For further information on Fair Dealing please see:  http://library.leeds.ac.uk/info/138/copyright_and_licences/55/copyright-the_basics/4.

 

11. Review and revision

This policy will be reviewed every 3 years.    Please write to archives@gloucestershire.gov.uk if you wish to give feedback on this policy.

 

Document control

 

Author:

Paul Evans, Senior Archivist

 

 

Owner:

Heather Forbes, Head of Archives Service

 

Approval Body

Gloucestershire Archives Management Team (GAMT); Gloucestershire County Council’s Director of Policy, Performance & Governance; South Gloucestershire Archives Liaison Group

 

Date Approved

October 2023

 

Document Number:

v1.5

 

Version history

 

 

 

Version

Version date

Summary of Changes

 

1.0

December 2013

This document supersedes the Intellectual Property policy, 2010.

 

1.1

September 2014

Brief review and re-formatting

 

1.2

July 2016

Review following withdrawal of in-house reprographics service

 

1.3

January 2018

Minor review, new template to reflect Heritage Hub, reference to large copying requests, roles and responsibilities added.

 

1.4

October 2020

Reviewed, revised roles and responsibilities, updated link to specialist advice and added customer scanning of collections not permitted.

 

1.5

July 2023

Wording revised slightly, links updated.

Section 5 updated. Clarification of access v copying.

 

             

 

Date of next revision: 2026

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