Sound BarriersOral history, copyright, and the OHRRG experience at the State

Library of Western Australia

Adrian BowenTeam Leader: Liaison, Acquisition & Description

Disclaimer

I A N A L

T I N L A

Oral History Records Rescue Group project

Steering group representatives from:• Friends of Battye Library• Oral History Association of

Australia (WA Branch)• Professional Historians

Association (WA)• Royal Western Australian

Historical Society• Western Australian Genealogical

Society• History Council of Western

Australia• Private donors

Supported by LotteryWest

Aims:7,500 hours digitised200 voices online

Outcomes:11,550 hours digitised200 voices online by end of projectMore being released every month

2 year project: 2011-2013

Copyright and agreements influence whether oral histories can be communicated online

But the subsistence and ownership of copyright is uncertain in Australia

sensitive noise / obvious 2 by Milos Milosevic CC BY 2.0

Copyright in oral history

Multiple layers of copyright – sound recording, potential underlying works

layers by Robert Couse-Baker CC BY 2.0

Copyright in oral history• Multiple layers of potential copyright

layers by Robert Couse-Baker CC BY 2.0

Copyright in the sound recording belongs to the “maker” of the recording

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording

layers by Robert Couse-Baker CC BY 2.0

Differing interpretations of underlying work. Either:There is no underlying work to protect; orSpoken words are copyrighted too. May be owned by interviewer, interviewee or both.

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work.

layers by Robert Couse-Baker CC BY 2.0

Moral rights exist wherever copyrights exist, but normal practices fulfil moral rights requirements

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights

layers by Robert Couse-Baker CC BY 2.0

Performers’ rights may or may not exist for oral histories, but in practice this only affects interviews produced after 2005

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)

layers by Robert Couse-Baker CC BY 2.0

Oral histories are normally unpublished, so copyright can last indefinitely

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely

layers by Robert Couse-Baker CC BY 2.0

Agreements between parties in oral histories can alter the subsistence of copyright

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely• Agreements between parties can alter copyright ownership

layers by Robert Couse-Baker CC BY 2.0

May be an implied license to use commissioned interviews

Copyright in oral history• Multiple layers of potential copyright• Copyright in sound recording belongs to the “maker” of the recording• Different interpretation of underlying work. • Moral rights• Performers’ rights (after 2005)• Copyright in oral histories can last indefinitely• Agreements between parties can alter copyright ownership• May be an implied license for commissioned interviews

Tarsier in Bohol, Philippines by Roberto Verzo CC BY 2.0

SLWA approach for OHRRGDigitisation under preservation provisions of the Copyright Act 1968.But this doesn’t allow the interviews to be communicated online.

Direction by 23am.com CC BY 2.0

SLWA approach for OHRRG

Analyse provenance and documentation

Determine who may own rights, and what agreements have been made about the interviews

Two female laboratory workers test synthetic rubber in the Polymer Rubber Corporation by Pearl Sammett, from Library and Archives Canada CC BY 2.0

SLWA approach for OHRRGSLWA commissioned interviews

• Verbal statement of permission at the start of the recording• Interviewee’s copyright assigned to SLWA• Interviewee’s copyright assigned to SLWA, plus additional special conditions• No evidence of assignment or permission relating to interviewee’s copyright

Joint agency commissioned interviews• Interviewee’s copyright assigned to SLWA and another agency jointly• Interviewee’s copyright assigned to SLWA and another agency jointly, plus additional

special conditions

Donated or purchased interviews• Interviewee’s copyright assigned to another agency• Permission for SLWA to use for research, publication and/or broadcasting• Non-specific permission for interview to be lodged in SLWA for various purposes• Permission to interviewer to use for research, publication and/or broadcasting, and for

copies to be lodged in SLWA• Rights reserved by interviewee or commissioning agency• No evidence of assignment or permission relating to copyright

SLWA approach for OHRRG

Original Material Collection Copyright and Access Policy:

“where uncertainty or ambiguity exists in historical copyright deeds, agreements or permissions for original materials, the interpretation shall favour allowing the State Library to provide the greater access to materials within the collection, both within the State Library building and in digital form online”

Past-Time Portal by Miguel Virkkunen Carvalho CC BY 2.0

SLWA approach for OHRRG

Interpretation of:• copyright subsistence• provenance• agreementsimportant for determining eligibility for online access

Trudy Walherden transcribing an oral history at the Battye Library by F.A. Sharr, from State Library of Western Australia

SLWA approach for OHRRGPut online

without further work? Situation

üSLWA commissioned, no evidence of restriction / limitation

Permission to use for research and publication, or research, publication and broadcasting

?Jointly commissioned, no evidence of restriction / limitation

Permission to interviewer to use for research, publication and/or broadcasting

Less clear permissions / agreements

ûDonated, no evidence of assignment or agreements

Subject to restrictions / special conditions

Published / commercially exploited

Rights reserved

SLWA approach for OHRRG

Who to contact for permission driven by:• Provenance• Documentation• Interpretation of

copyright evidenced by the above

• Who was easier to find

Switchboard class, from the State Library of Western Australia

SLWA approach for OHRRG

Additional protocols

• Diligent search• Orphans works• Notice and takedown

Mounting bills Project 365(2) Day 142 by Keith Williamson CC BY 2.0

Day 171: The Sisyphus Punishment by Pascal CC BY 2.0

Outcomes and lessons learned