Changes to UK copyright law and data-mining permissions

I've just received the following from Tahitia McCabe, who runs the Genealogical Studies Postgraduate Programme at the University of Strathclyde (www.strath.ac.uk/genealogy/), which she has very kindly given me permission to share with British GENES readers. It concerns recent changes in UK copyright law from 1 JUN 2014 which will be of interest to those who may wish to 'data mine' certain websites for genealogical purposes, for non-commercial activities only. Here is Tahitia's summary:

It allows researchers doing non-commercial work to data mine databases they have legal access to without the need to ask for permission and database providers cannot use tools such as imposing download speeds that would prevent researchers from benefiting from this exemption.

Here is the text from the attached guidance from the Intellectual Property Office:

The new copyright exception will allow researchers to make copies of any copyright material for the purpose of computational analysis if they already have the right to read the work (that is, work that they have “lawful access” to). They will be able to do this without having to obtain additional permission from the rights holder. This exception only permits the making of copies for the purpose of text and data mining for non-commercial research. Researchers will still have to buy subscriptions to access material; this could be from many sources including academic publishers.

Publishers and content providers will be able to apply reasonable measures to maintain their network security or stability but these measures should not prevent or unreasonably restrict researcher’s ability to text and data mine. Contract terms that stop researchers making copies to carry out text and data mining will be unenforceable.


Tahitia has also notified me that it is now also possible to legally make backups of digital items such as e-books - additional information is available from https://www.gov.uk/government/publications/changes-to-copyright-law and at http://www.cilip.org.uk/cilip/news/breakthrough-copyright-law-reform-confirmed

(With thanks to Tahitia)

NB: If you wish to sign up for the University of Strathclyde's genealogical studies courses, the 3rd week of September is the latest time you will be able to do so. The university will also have a stand at the forthcoming Who Do You Think You Are Live event, where you can find them at tables 64 & 65.

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And please consider purchasing the great new version of Caledonia by The Libations at 79p via www.caledonia2014.com - all profits go to help fund Scottish foodbanks

Changes in UK copyright law effective from today

The following may be of interest concerning new changes to UK copyright law as of today, which looks set to save archives and libraries a fair few quid.

Three new regulations:

The Copyright and Rights in Performances (Disability) Regulations 2014 - This allows those with a disability or groups representing them to make copies of materials in different formats.

The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014 - Libraries can begin to scan materials and make them available in digital collections.

The Copyright (Public Administration) Regulations 2014 - Public bodies can now publish everything that they hold online.

For a full analysis of what this all means, visit the following article at http://www.business-cloud.com/articles/news/uk-copyright-changes-force

(With thanks to @ShirleyBurnham and @fleming77)

Chris

Now available for UK research is the new second edition of the best selling Tracing Your Family History on the Internet: A Guide for Family Historians, whilst my new book British and Irish Newspapers is also now out. And FindmyPast - please reinstate the original Scottish census citations on your new site.

UK Archives and copyright - flagging up the problems

I've just been reading an interesting piece by Paul Gibbons, a Freedom of Information practitioner in the UK, about the issue of copyright and the overly cautious approach of the British archive sector in crossing all the t's and dotting all the i's in getting permissions from those whose works are in copyright, and even their descendants, before digitising material. It follows a symposium held by the Wellcome Trust entitled Archives and Copyright: Developing an Agenda for Reform, held on the 27th September in London.

The article interestingly compares the American approach to that of the British. Paul's conclusion is "I left the symposium feeling that copyright is getting in the way of archivists wanting to do great things to widen the relevance of their collections. That can’t be what copyright is designed to do, and it does seem that this is one example where unintended consequences of the law are undermining its good intentions."

It's an interesting piece, well worth a read at http://www.foiman.com/archives/904.

Chris

My latest book, Discover Scottish Civil Registration Records, is now available from http://www.gould.com.au (print) and http://www.gen-ebooks.com/unlock-the-past.html (ebook), whilst Tracing Your Irish Family History on the Internet is available at http://www.pen-and-sword.co.uk/Tracing-Your-Irish-History-on-the-Internet/p/3889/. My next Pharos Scottish course, Scotland 1750-1850: Beyond the OPRs, starts Nov 13th - see http://pharostutors.com.

MAJOR NEWS - National Library of Wales waives digital copyright

The following is astonishing, and unbelievably good news, from Wales:

To celebrate World Intellectual Property Day (26 April) and to promote discussion of the role of intellectual property in encouraging innovation and creativity The National Library of Wales (www.llgc.org.uk) has announced a pioneering decision in relation to its digitised collections by declaring that it will no longer claim ownership of copyright in digital copies of items in its care.

For many years, the Library has been proactive in its use of digitisation and the Web as means of widening access to its collections. From Wales’s earliest manuscripts to countless volumes of nineteenth-century Welsh newspapers, the Library has digitised and published copies of some of its most valued collections for all to see on the Web, anywhere and anytime.

These include:
• The Black Book of Carmarthen (c.1250): one of the earliest surviving manuscripts written solely in the Welsh language.

• Yny lhyvyr Hwnn by John Price (1546), the first book to be printed in the Welsh language

• Thomas Taylor’s county atlas (1718), the first published atlas relating entirely to Wales.

• Welsh Newspapers Online the Library’s largest digitisation project to date

During the next few months, the Library will be implementing a policy that will enable the public to use thousands of images on its website without any restriction. Users of the website should be aware that many images will still be subject to third party rights that will need to be cleared before use, but the Library will not impose additional copyright restrictions unless it owns the copyright in the original work. High resolution versions of the images will still be available under licence through the Library’s Enquiries Service.

Sir Deian Hopkin, President of The National Library of Wales said:

‘This important decision has not been taken lightly, but is consistent with the open approach to digital technologies that we’ve adopted over the course of the last decade. It is not merely a decision based on our interpretation of copyright law; it is a statement about how we perceive our role as a National Library within a digital Wales. As far as we are aware, we are the only cultural institution within the UK which has made such a clear statement concerning the ownership and openness of its digital collections.’

Dafydd Tudur, Rights and Information Manager added:

‘This is a wonderful opportunity to share our collections with the people of Wales and the world. The public should be able to use as well as view the collections in our care, and the National Library should be seen as an enabler rather than a gatekeeper.’

This new approach has been welcomed by the Library’s users and has generated much interest within the cultural sector. This development will not only contribute towards raising awareness of the history of Wales and its people both within Wales and beyond, but also raise the profile of the National Library of Wales and reaffirms its status as one of the UK’s most ground-breaking and innovative cultural organisations.

COMMENT: Copyright was raised at the archives conference I have been attending over the last 2 days (I made the point that in addition to copyright, there is also the issue of Terms and Conditions on a site that can affect genealogists). On copyright though, never saw this one coming - Wales leads the way! :)

(With thanks to the Federation of Family History Societies and the NLW Press Office)

Chris

My new book, Tracing Your Irish Family History on the Internet, is now available from Pen and Sword. For my other genealogy books, please visit  http://britishgenes.blogspot.co.uk/p/my-books.html; whilst for my online Scottish based genealogy courses please visit the Pharos Teaching and Tutoring Ltd site.