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Sound BarriersOral history, copyright, and the OHRRG experience at the State
Library of Western Australia
Adrian BowenTeam Leader: Liaison, Acquisition & Description
Disclaimer
I A N A L
T I N L A
Oral History Records Rescue Group project
Steering group representatives from:• Friends of Battye Library• Oral History Association of
Australia (WA Branch)• Professional Historians
Association (WA)• Royal Western Australian
Historical Society• Western Australian Genealogical
Society• History Council of Western
Australia• Private donors
Supported by LotteryWest
Aims:7,500 hours digitised200 voices online
Outcomes:11,550 hours digitised200 voices online by end of projectMore being released every month
2 year project: 2011-2013
Copyright and agreements influence whether oral histories can be communicated online
But the subsistence and ownership of copyright is uncertain in Australia
sensitive noise / obvious 2 by Milos Milosevic CC BY 2.0
Copyright in oral history
Multiple layers of copyright – sound recording, potential underlying works
layers by Robert Couse-Baker CC BY 2.0
Copyright in oral history• Multiple layers of potential copyright
layers by Robert Couse-Baker CC BY 2.0
Copyright in the sound recording belongs to the “maker” of the recording
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording
layers by Robert Couse-Baker CC BY 2.0
Differing interpretations of underlying work. Either:There is no underlying work to protect; orSpoken words are copyrighted too. May be owned by interviewer, interviewee or both.
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work.
layers by Robert Couse-Baker CC BY 2.0
Moral rights exist wherever copyrights exist, but normal practices fulfil moral rights requirements
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights
layers by Robert Couse-Baker CC BY 2.0
Performers’ rights may or may not exist for oral histories, but in practice this only affects interviews produced after 2005
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)
layers by Robert Couse-Baker CC BY 2.0
Oral histories are normally unpublished, so copyright can last indefinitely
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely
layers by Robert Couse-Baker CC BY 2.0
Agreements between parties in oral histories can alter the subsistence of copyright
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely• Agreements between parties can alter copyright ownership
layers by Robert Couse-Baker CC BY 2.0
May be an implied license to use commissioned interviews
Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely• Agreements between parties can alter copyright ownership• May be an implied license for commissioned interviews
Tarsier in Bohol, Philippines by Roberto Verzo CC BY 2.0
SLWA approach for OHRRGDigitisation under preservation provisions of the Copyright Act 1968.But this doesn’t allow the interviews to be communicated online.
Direction by 23am.com CC BY 2.0
SLWA approach for OHRRG
Analyse provenance and documentation
Determine who may own rights, and what agreements have been made about the interviews
Two female laboratory workers test synthetic rubber in the Polymer Rubber Corporation by Pearl Sammett, from Library and Archives Canada CC BY 2.0
SLWA approach for OHRRGSLWA commissioned interviews
• Verbal statement of permission at the start of the recording• Interviewee’s copyright assigned to SLWA• Interviewee’s copyright assigned to SLWA, plus additional special conditions• No evidence of assignment or permission relating to interviewee’s copyright
Joint agency commissioned interviews• Interviewee’s copyright assigned to SLWA and another agency jointly• Interviewee’s copyright assigned to SLWA and another agency jointly, plus additional
special conditions
Donated or purchased interviews• Interviewee’s copyright assigned to another agency• Permission for SLWA to use for research, publication and/or broadcasting• Non-specific permission for interview to be lodged in SLWA for various purposes• Permission to interviewer to use for research, publication and/or broadcasting, and for
copies to be lodged in SLWA• Rights reserved by interviewee or commissioning agency• No evidence of assignment or permission relating to copyright
SLWA approach for OHRRG
Original Material Collection Copyright and Access Policy:
“where uncertainty or ambiguity exists in historical copyright deeds, agreements or permissions for original materials, the interpretation shall favour allowing the State Library to provide the greater access to materials within the collection, both within the State Library building and in digital form online”
Past-Time Portal by Miguel Virkkunen Carvalho CC BY 2.0
SLWA approach for OHRRG
Interpretation of:• copyright subsistence• provenance• agreementsimportant for determining eligibility for online access
Trudy Walherden transcribing an oral history at the Battye Library by F.A. Sharr, from State Library of Western Australia
SLWA approach for OHRRGPut online
without further work? Situation
üSLWA commissioned, no evidence of restriction / limitation
Permission to use for research and publication, or research, publication and broadcasting
?Jointly commissioned, no evidence of restriction / limitation
Permission to interviewer to use for research, publication and/or broadcasting
Less clear permissions / agreements
ûDonated, no evidence of assignment or agreements
Subject to restrictions / special conditions
Published / commercially exploited
Rights reserved
SLWA approach for OHRRG
Who to contact for permission driven by:• Provenance• Documentation• Interpretation of
copyright evidenced by the above
• Who was easier to find
Switchboard class, from the State Library of Western Australia
SLWA approach for OHRRG
Additional protocols
• Diligent search• Orphans works• Notice and takedown
Mounting bills Project 365(2) Day 142 by Keith Williamson CC BY 2.0
Day 171: The Sisyphus Punishment by Pascal CC BY 2.0
Outcomes and lessons learned