legislation relating to circumvention of technological protection measures,
protection of electronic rights management information.
New IPR created in repositories
There are several types of IPR that will be created by the establishment in the course of populating a multimedia repository and which it will own. Thus the establishment needs to consider its attitude to its IPR being infringed by users of the repository and whether or how it wants to protect its rights. This policy should be made clear in terms and conditions of use and other readily accessible policy documents.
These new rights include the
copyright in the repository,
proprietary rights in the formats of contents,
copyright and other rights e.g. publication right in previously unpublished material,
rights in the new forms of material.
Repository - database right and copyright
It is generally agreed that a repository is a database with substantial investment in its creation and originality in the selection of the contents. The skill in selection will confer copyright protection while the investment gives database rights. The database is likely to be continuously developing and so qualify for ‘rolling’ protection of 15 years from making or publication and thus effectively permanently protected while additions are being made. It could be argued that individual large databases where a repository contains compilations of different types of material should also enjoy database protection.
Database rights and copyright in the repository will belong to the educational establishment. This means the institution should have a policy regarding its approach to dealing with possible infringements of intellectual property rights by users of the multimedia repository. Institutions may not be concerned about extraction or re-use of the whole or substantial parts of the content. Ultimately the only absolutely safe way to prevent illegal exploitation of resources is not to make them publicly available.
2.8.2 New copyright in previously unpublished material
The duration of copyright for unpublished material varies according to the type of material e.g. photographs, manuscripts, sound recordings, and has been subject to change as UK legislation has developed. Much previously unpublished material is now protected only until 2039. Careful consideration should be given to the copyright aspects of publishing, via an open access repository, previously unpublished material and the effect this will have on the type and duration of copyright protection.
In the examples given in Work package 3 this may apply to images created for the LSE textual material of the Ionian Bank, Charles Booth’s enquiry into London life