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Consequently the original owner of copyright in the image may restrict severely the conditions under which the image may be used and published, especially to anyone other than those under instruction in the establishment or considered to be conducting commercial research.

For material in copyright and not belonging to the institution itself it will be necessary to clear copyright or license its use. This is most likely to be limited to those giving or receiving instruction and research with access being limited to those within the institution or agreed terms. Additional permission will be needed to publish the image in any future published research output.

Case studies Material: Leeds’ University Fine Art School’s slide collection Purpose: for teaching and research Issues:

  • What is the copyright status of the original subject matter i.e. age of work and date of death of the creator? If it is still in copyright it is advisable to obtain the permission of the copyright holder to make an image, although legally this is not essential if the subject matter is on public display. It is also advisable to credit the original creator of the work. This is not essential if the work was created before


  • If the subject of the slides is out of copyright, what is the copyright status of the images i.e. who created the images, photographer and what is their copyright and employment status?

  • Who owns this slide copyright and can copyright clearance be obtained?

  • If not, is licensing the use of the material possible? If yes, what are the conditions and are they acceptable?

  • Who owns the subject matter – it may be necessary to obtain the permission of the subject’s owner (although they may not be the copyright owner) to use any image.

  • If the institution does not own the copyright in the images or the material has to be licensed then it is likely access to the material may have to be restricted.

  • Reproduction of the images is likely to be limited if permission to include in the first place has to be sought.

Material: Birmingham University Department of History of art collection of architectural images Purpose: for teaching and research Issues:

    • It is not an infringement of copyright to photograph a building. However, care should be taken not treat the subject in a derogatory way. The intellectual property rights are likely to lie in the images and with the creator of the images. The architect should be credited.

    • Plans will be subject to copyright as an artistic work and should not be reproduced without permission as they are subject to copyright protection.

      • 3.2


Broadcasts are a specified category of work in UK copyright law. They may include several types of material such as films, news programmes and advertisements in addition to programmes made specifically by the broadcasting organisation.

3.2.1 Definition

A broadcast is defined as

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