Clear and Consistent: Copyright Assessment Framework for Libraries

Lengthy, complex terms of copyright protection and the constrained pace of copyright reform necessitate that libraries and collecting organisations increasingly look to practical methods for enabling mass digitisation of collections. Such methods may include licensing or orphan works clearance. In practice, however, proportionate acceptance of risk seems inescapable, especially when collections contain works that are not, or never have been, commercially available, or when institutions seek to digitise at scale.

This paper presents the copyright assessment framework developed and adopted by the National Library of Scotland and the National Library of Wales. The framework is a pragmatic risk assessment and decision-making tool to aid the digitisation of collection material (Original Objects) and the making available of digitisations of collection material (Digital Surrogates). Using a number of assessment criteria, including publication status and commercial intent, the framework allows libraries logically and consistently to identify, record, and rationalise the relative risk of making Digital Surrogates available to the public and to make standardised copyright assessment decisions. The framework specifies suitable rights statements for assessed Digital Surrogates, using the standard statements published by Europeana and the Digital Public Library of America at RightsStatements.org.

Functional across content types and at a high (eg collection) level, the framework is useful even when minimal copyright metadata is available, in particular when data related to authorial lifespan (often essential for determining the term of copyright protection) is missing or unknown. The schema is based in UK copyright law, although it can be adapted to comparable copyright systems, and works around a series of date ranges associated with an Original Object’s creation or publication, calculated in accordance with the methodology set out by Deazley and Padfield (Intellectual Property Office (2014). Consultation on reducing the duration of copyright in unpublished (“2039”) works in accordance with section 170(2) of the Copyright, Designs and Patents Act 1988. p.35).

As a joint development, the framework is approved for use at the National Library of Wales and the National Library of Scotland, where it is integrated into the digitisation assessment workflow. The schema was developed by copyright and digital access specialists from the two organisations, grounded in established practice, and subject to peer review of experts from the UK cultural heritage and library sectors.

This paper presents the framework, setting out its methods, benefits, and intended outcomes. The authors will invite other libraries to consider adopting the tool as a method of copyright due diligence, noting that wider adoption of an assessment standard strengthens its value for all users. The paper sets out the rationale behind the framework, while seeking feedback and suggestions to aid its ongoing improvement. The authors aim to encourage further application of the framework within the European library sector, as well as learn of complementary efforts so as to further the development of a standard structure for copyright assessment and decision-making.