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Companion Guide for Copyright Due
Diligence
This document provides additional assistance and should be used in conjunction with the following
documents:
•
•
•
•
Orphan Works Licensing Scheme: Overview for Applicants;
Orphan Works Diligent Search Guidance for Applicants: Still Visual Art;
Orphan Works Diligent Search Guidance for Applicants: Literary Works; and,
Any others 1 which are deemed necessary for the works being considered for digitisation.
The steps to be followed when undertaking due diligence are as follows:
1. Determine work copyright status (where possible)
2. If work is not in the public domain, not licenced under Creative Commons or another nonCopyright provision, you do not own the copyright yourself and do not know who to request
copyright permission from, then start copyright due diligence
3. Depending on outcome of due diligence you may:
a. Identify the copyright holder and request permission to digitise from them
b. Fail to identify current copyright holder
4. If you fail to identify the current copyright holder you may (as of November 2016)
a. License the work as an orphan work under the UK Intellectual Property Office (IPO)
Orphan Works Licensing Scheme, or
b. License the work as an orphan work under the EU Orphan Works Directive
2012/28/EU2 provided the work meets certain criteria
Copyright Status
Each works requires that its copyright status be determined. You may already know this or you can
use Annex B, duration of copyright flowcharts, in the guidance documents referenced above. Please
record the copyright status once found in a due diligence spreadsheet; this will help track which
items require further due diligence work and which do not.
If an item is:
•
•
•
1
2
In the public domain then digitise as such using tools found here:
https://creativecommons.org/publicdomain/
Licenced under Creative Commons or other copyleft provision then digitise and license as
instructed by the original licence
Owned by Conway Hall Ethical Society or the library, then digitise under an appropriate
Creative Commons licence: https://creativecommons.org/share-your-work/
See https://www.gov.uk/government/collections/orphan-works-guidance for latest versions of documents.
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2012:299:0005:0012:EN:PDF
�•
In copyright and you know the identity of the copyright holder, then contact the copyright
holder and request permission to digitise the item (also ask if you may use reproductions to
promote digitisation project).
If the item’s copyright status does not match any of these conditions then undertake copyright due
diligence.
Copyright Due Diligence
Copyright due diligence is undertaken to:
1. Assist you in identifying a current copyright holder, or failing that,
2. Allow you to demonstrate that the work is an orphan work and therefore can either be
licenced for use via the UK IPO or the EU Orphan Works Directive.
Licensing via one of the orphan works schemes is a risk mitigation enterprise. Many heritage
institutions digitise without making use of these licensing schemes as the risk of being litigated
against by a copyright holder for an orphan work is very small. A decision to not make use of the
scheme is dependent on the level of risk presented by digitising without licensing versus the level of
risk aversion of the institution.
The UK IPO due diligence checklists are used for this process. The notes given below are additional
guidance for undertaking copyright due diligence developed throughout the Architecture and Place
digitisation project and thus all checklists are not currently covered by this advice.
In addition to the guidance below, make use of completed checklists that were accepted for
licensing (see Architecture and Place files) as examples.
Standalone Visual Art
The checklist for standalone visual art is quite long but you will not need to complete a search for
particular sections of it if they don’t relate to your work’s medium, i.e. you won’t have to undertake
searches for photography organisations if the item in question is a drawing.
Source
UK Orphan Works Register
Credits and other
information appearing on
the work
FOB database
Companies House
Metadata
The provenance of the
work
Details
https://www.orphanworkslicensing.service.gov.uk/view-register
As described.
http://norman.hrc.utexas.edu/watch/fob.cfm
https://beta.companieshouse.gov.uk
For digitally born or digitised items – can be found in record for item
(if it exists) or is embedded in digital object itself. For images, open in
Irfanview, click on ‘image’ menu and then ‘information.’ At the bottom
left of image properties there are two buttons, ‘EXIF info’ and ‘IPTC
info’ – check the metadata included here for creator name or other
identifiers. You can also use: http://regex.info/exif.cgi to check
embedded metadata.
For archives check finding aid/catalogue. For library items check
catalogue notes.
�General internet searching
Water mark search or
image recognition
software
Association of
Photographers (AOP)
British Association of
Picture Libraries and
Agencies (BAPLA)
British Institute of
Professional
Photographers (BIPP)
British Press
Photographers Association
(BPPA)
British Society of
Underwater
Photographers (BSUP)
Bureau of Freelance
Photographers (BFP)
Chartered Institute of
Journalists (CIOJ)
Editorial Photographers UK
(EPUK)
Master Photographers
Association (MPA)
National Association of
Press Agencies (NAPA)
National Union of
Journalists (NUJ)
Outdoor Writers and
Photographers Guild
(OWPG)
Pro-Imaging
Redeye Network
Royal Academy of Art
Royal Photographic Society
(RPS)
This is likely to be done several times throughout the due diligence
check as new information comes to light.
For digitally born or digitised items – You can search Google Images by
image (go to https://images.google.com/ and click on the camera to
upload the digital image) to attempt image recognition. There are
freely available watermark search applications but different
watermarking programmes may code digital watermarks differently
and so the search applications may not be useful if they do not
recognise the specific code for a digital watermark.
http://www.the-aop.org/ founded in 1968. Requires photographer
name to search by.
BAPLA has an Orphan Works search request page
(http://www.bapla.org.uk/en/feedback/show_feedback_page.html)
but when used received very few responses and email address was
added to some libraries and agencies email lists which was annoying. If
you have a particular topic which is covered here:
http://www.bapla.org.uk/en/pages/show_subject_search.html then
you can click through, open up all the appropriate webpages for that
topic and search using appropriate keywords.
http://www.bipp.com/Default.aspx?tabid=87 founded 1901. Search
for contemporary photographers by name.
https://thebppa.com/galleries/ founded in 1984. Search for
contemporary photographers by name.
http://www.bsoup.org/Links/Members.php or
http://www.bsoup.org/Contributors.php founded in 1967. Search for
contemporary underwater photographers by name.
http://www.thebfp.com/ search using search box. May have to contact
by email.
Website currently hacked – website is http://cioj.co.uk/
http://www.epuk.org/ founded in 1999. Search contemporary
photographers by name.
http://www.masterphotographersassociation.co.uk/ founded in 1952.
Search contemporary photographers by name.
http://www.napa.org.uk/directory.aspx founded in 1982. Search
contemporary people by name.
https://www.nuj.org.uk/home/ founded in 1907. Search for
contemporary members by name.
http://www.owpg.org.uk/member-profiles/ founded in 1980. Search
for contemporary people by name.
http://www.pro-imaging.org/ founded in 2004. Search for
contemporary image makers by name.
https://www.redeye.org.uk/portfolios founded in 1998. Search for
contemporary photographers by name.
https://www.royalacademy.org.uk/ - search by creator name and/or
appropriate keywords
http://www.rps.org/membership/member-search founded in 1853.
Search for photographer by name.
�Royal Scottish Academy of
Art
Society of Wedding and
Portrait Photographers
Association of Illustrators
(AOI)
Cartoonists’ Club of Great
Britain (CCGB)
Comic Creators Guild (CCG)
Guild of Railway Artists
(GRA)
Institute of Medical
Illustrators (IMI)
Professional Cartoonists’
Organisation (PCO)
Royal British Society of
Sculptors (RBSS)
Society for Architectural
Illustration (SAI)
Illustration portfolios
Commercial photography
agencies and libraries
CEPIC
Library of Congress
DACS
Artist Collecting Society
WATCH (Writers Artists
and their Copyright
Holders)
BBC painting database
http://www.royalscottishacademy.org/ search by creator name and/or
appropriate keywords.
https://www.swpp.co.uk/find_photographer.htm founded in 1988.
Search for contemporary photographer by name.
http://www.theaoi.com/portfolios/index.php/portfolios/artists
founded in 1973. Search for contemporary artist by name.
http://www.ccgb.org.uk/gallery/ founded in 1960. Search for
contemporary cartoonists by name.
Unable to search; website no longer available.
http://www.railart.co.uk/gallery.html founded in the 1970s. Search for
contemporary artist by name.
http://www.imi.org.uk/find-a-professional founded in 1968. Search for
contemporary illustrator by keyword and geographic location.
http://procartoonists.org/portfolios/?order=alphabetical founded in
2006. Search for contemporary cartoonist by name.
http://rbs.org.uk/artists/list founded in 1905. Search for sculptor by
name.
http://www.sai.org.uk/illustrators/ founded in 1975. Search for
contemporary architectural illustrator by name.
Direct links offered in UK IPO guidance (p. 13).
Direct links offered in UK IPO guidance (p. 14). However as many of
these would be searched as a part of the BAPLA search you may
choose to do the Photo Archive News, Stock Index Online and Press
Photo History Project only instead. Note which searched in checklist.
CEPIC is a membership organisation for photo libraries and thus is not
of much use when searching for a particular photographer. CEPIC does
not offer, at this time, facilities to search across the collections of their
members’ libraries and so it is appropriate to note “Not applicable,
have searched all relevant picture libraries elsewhere in checklist” on
the checklist.
https://www.loc.gov/
Use https://www.dacs.org.uk/licensing-works/artist-search to search
by name if known; use https://www.artimage.org.uk/ to search by
keyword for match to image.
Search http://artistscollectingsociety.org/members/ by artist name if
known.
http://norman.hrc.utexas.edu/watch/
The BBC painting database (Your Paintings) no longer exists and has
been replaced by ArtUK: http://artuk.org/
Library indexes and
Search the British Library
museum catalogues
http://explore.bl.uk/primo_library/libweb/action/search.do?vid=BLVU
1 and WorldCat http://www.worldcat.org/ catalogues as well as any
identified museum catalogues appropriate to the creator or work.
CopyrightHub
http://www.copyrighthub.co.uk/get-permission provides guidance on
where to look for permission depending on medium. For many graphic
and textual works you may include, “all options offered there searched
elsewhere in checklist,” if true.
Image registers
https://www.plusregistry.org/cgi-bin/WebObjects/PlusDB
Web based search tools for https://picscout.com/solutions/search/ and click ‘Launch Tool’.
�images (PicScout and
TinEye)
British Journal of
Photography
University art faculty
alumni
Arts Council
Digitised newspaper
archives
Genealogy websites
Wills – searching for family
members or connections
of the author
Archives
Treasury solicitors
Other sources identified
https://www.tineye.com/ You may have to resize and make images
smaller as large images (10MB or more) can cause PicScout to timeout.
A British Journal of Photography editorial staff member
http://www.bjp-online.com/contact-us/ may be contacted if you know
a photographer’s name. Make sure to include the photographer’s
name, time when active, where they were based and any other salient
details your query and state that you are looking to contact the
photographer (if contemporary) or their copyright holder. Ask whether
there was any mention of photographer in the magazine or its earlier
incarnations.
A search may be undertaken if the Art School/University of creator is
known.
http://www.artscouncil.org.uk/
http://www.britishnewspaperarchive.co.uk/ Subscription service.
http://www.ancestry.co.uk/ Subscription service.
https://familysearch.org/ requires an account (which is free) and may
offer different resources than those available on Ancestry.
https://probatesearch.service.gov.uk/#wills Requires surname and
date of death. Please note tabs for searching – deaths after 1996,
deaths between 1858 and 1996, and soldiers wills. At time of writing it
costs £10/will. There are some wills accessible via the National
Archives (see link below)
ArchivesHub: http://archiveshub.ac.uk/, the National Archives:
http://discovery.nationalarchives.gov.uk/, and AIM25:
http://www.aim25.com/
The unclaimed estates list (CSV file) can be downloaded from
https://www.gov.uk/government/statistical-data-sets/unclaimedestates-list and searched by creator or copyright holder name if
known.
Other sources may become apparent while undertaking due diligence
and when searched can be noted here.
Unpublished Still Visual Art
The sources required for this checklist are covered in the above source list for Standalone Visual Art.
Unpublished Literary Works
This checklist will be used for unpublished letters, notes, manuscripts and so on and used extensively
for archival material. The sources required for this checklist are also covered in the above source list
for Standalone Visual Art.
�
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Digitisation Working Documents and Reports
Description
An account of the resource
A collection of documents created during the planning, implementation and evaluation stages of digitisation projects of the Humanist Library and Archives, Conway Hall.
Creator
An entity primarily responsible for making the resource
Humanist Library and Archives
Date
A point or period of time associated with an event in the lifecycle of the resource
2017
Publisher
An entity responsible for making the resource available
Conway Hall Ethical Society
Subject
The topic of the resource
Digitization
Language
A language of the resource
English
Text
A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text.
Dublin Core
The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/.
Title
A name given to the resource
Companion guide for copyright due diligence
Description
An account of the resource
A companion guide for the copyright due diligence checklists and guides supplied by the UK Intellectual Property Office.
Creator
An entity primarily responsible for making the resource
Callaghan, Samantha
Date
A point or period of time associated with an event in the lifecycle of the resource
2016
Publisher
An entity responsible for making the resource available
Conway Hall Ethical Society
Subject
The topic of the resource
Copyright
Rights
Information about rights held in and over the resource
<a href="http://creativecommons.org/licenses/by-nc-nd/4.0/"><img style="border-width:0;" src="https://i.creativecommons.org/l/by-nc-nd/4.0/88x31.png" alt="Creative Commons License" /></a><br />This work by <span>Conway Hall Ethical Society</span> is licensed under a <a href="http://creativecommons.org/licenses/by-nc-nd/4.0/">Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License</a>.
Identifier
An unambiguous reference to the resource within a given context
BD-DD0003
Format
The file format, physical medium, or dimensions of the resource
application/pdf
Type
The nature or genre of the resource
Text
Language
A language of the resource
English
Administration
Conway Hall Ethical Society
Copyright
Due diligence