CHESHIRE-L ArchivesArchiver > CHESHIRE > 2003-09 > 1063129652
From: Guy Etchells <>
Subject: Re: [CHS] Copyright... A big thank you
Date: Tue, 09 Sep 2003 18:47:32 +0100
References: <200309082315.h88NFI3V025522@lists5.rootsweb.com> <007801c376c3$65743240$ac226151@Sammy>
The crucial point with regards to whether you may copy from the book is
when it was published.
If it was unpublished when the library received their copy there is no
restriction in copying for research or private study.
If it was deemed to be published before they received their copy but
over 70 years from being created it is out of copyright.
If it was published before the library received their copy and before 70
years had expired from its creation it remains in copyright for 70 years
starting from the date of publication.
From what you describe I believe the following applies. -
The 1988 Copyright Act states
43.—(1) The librarian or archivist of a prescribed library or archive
may, if the prescribed conditions are complied with, make and supply a
copy of the whole or part of a literary, dramatic or musical work from a
document in the library or archive without infringing any copyright in
the work or any illustrations accompanying it.
(2) This section does not apply if—
(a) the work had been published before the document was
deposited in the library or archive, or
(b) the copyright owner has prohibited copying of the work,
and at the time the copy is made the librarian or archivist making it
is, or ought to be, aware of that fact.
(3) The prescribed conditions shall include the following—
(a) that copies are supplied only to persons satisfying the
librarian or archivist that they require them for purposes of research
or private study and will not use them for any other purpose;
(b) that no person is furnished with more than one copy of the
same material; and
(c) that persons to whom copies are supplied are required to pay
for them a sum not less than the cost (including a contribution to the
general expenses of the library or archive) attributable to their
> I'd like to thank everyone for the very informative replies about this ,
> sometimes, complicated subject. I needed help to understand why a piece of
> work so old was still copyrighted.
> I believe now that the library were right and that this item is copyright.
> I didn't want to republish it, I only needed the whole thing as it mentions
> so many people that my husband is connected to, in one way or another, so
> only having bits of it would be a waste of time. It was my intention to be
> able to mark my maps with various bits of information picked up from this
> little gem... who lived where , with whom etc... this would make the map
> 'come alive' so to speak.
> S'pose I'll have to do it the hard way with more trips to the library, the
> only trouble with that is they have to kick me out at closing time as I stay
> too long ......
> My regards to all who replied to me,
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> The Family History Society of Cheshire:
http://freespace.virgin.net/guy.etchells The site that gives you facts
Extracted from a CD produced by Archive CD Books
Churches & MIs. in the Wakefield Area