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Case studies Material: Godfrey Bingley photo collection 1842-1927 held at Leeds University, photographs taken between 1884 and 1913 (lantern slides) comprising mainly places of local interest. The material is beginning to deteriorate. Bingley transferred the copyright to Leeds University. Purpose: to store the material securely and to preserve it for the future Issues:

  • Copyright will have expired, although at the time of the gift the copyright would not have been transferred under the law. It seems the photos were not published elsewhere in the EU and so there is little likelihood that copyright would have revived, however briefly.

  • Leeds could, by making digital copies, claim publication rights for 25 years if the photographs were previously unpublished.

  • Simply scanning the photographs would not create a new copyright: it would be producing a copy, but in the light of the deterioration of the material efforts to digitise the collection may require considerable skill and hence create a new copyright.

  • The collection may wish to consider retaining the copyright or publication right

  • An attempt should be made to establish if any of the photographs have been published as they would then be in copyright.

  • In the light of creating new IPR institution may wish to consider charges for use of images, if this is in line with the parent institution’s policy on IPR.

  • So need to think carefully about resolution of images and clear notice of policy for download and re-use.

Leeds University films Material: films produced by the University of Leeds for teaching purposes Purpose: to preserve and enhance access to historically valuable material for research work. Issues:

  • As the material was produced for the University it is to be assumed that the University acquired the copyright in the original material although this would be in the individual stills for pre-1957 material and for any script.

  • In newer material there may also be performing rights to consider

  • A number of film libraries make their films available for hire/licence or to registered users and it may be an approach the University wishes to consider, assuming the University holds all rights.

  • If the University does not hold the copyright then tracing copyright holders and obtaining their permission could prove challenging and incur financial costs in the rights

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