Copyright is a statutory right, under the Copyright Designs and Patents Act 1988 as amended (CDPA). It came into force on 1 August 1989. Some parts of the Copyright Act 1911 continue to apply in certain circumstances to works made before 1 June 1957 and some parts of the Copyright Act 1956 continue to apply to works made between June 1957 and July 1989.
Copyright is the right to control certain uses of ‘works’. The owner can decide whether to allow the use at all and can charge a fee for any permission granted. The doing of one of the ‘restricted acts’ without permission is an infringement and you can be sued for doing it, unless one of the statutory exceptions applies. If you are sued and lose you might have to pay damages, surrender any ‘infringing copies’ and pay both your own costs and those of the claimant.
Protected works are of many kinds, but in an oral history context the important ones are:
Copyright arises automatically, as soon as the work is ‘fixed’. It may be fixed in various ways such as by being written down (including on a computer disk) or by being recorded for instance as a sound recording or a film. Under earlier copyright Acts this requirement of fixation was not explicit, but there was no copyright until the work was ‘made’, and (from 1957 onwards) it was made:
There is no requirement in the UK for registration of a copyright work nor for copyright to be claimed. However, if the copyright owner is making the work available in some way, for instance by giving someone else a copy of an unpublished manuscript or by putting it on the internet, it is sensible to attach the copyright symbol © followed by the name of the copyright owner and the year.
The first owner of copyright is usually the ‘author’, the person who ‘originated’ the work. This is:
If the author creates the work in the course of employment the first owner of copyright is the employer (but note that where the term of duration is based on the life of the author, duration continues to be based on that person’s life). If the author is an officer or servant of the Crown and creates the work in the course of his or her duties, the work is Crown copyright (see below). If there is more than one author and their individual contributions cannot be distinguished, they (or their employers) will be joint owners in proportion to their contributions.
There are separate copyrights in an oral history interview, with separate authors, owners and durations, in:
Copyright in verbatim written transcripts of interviews, made either as the record of the interview or subsequently from recordings, will normally belong to the owner of the copyright in the words transcribed. However, if the transcriber or reporter has used considerable skill to make the written record, perhaps through the direction of the interview or the interpretation of slang, he or she is likely to be the author of that transcript and there will be a distinct copyright in it, in addition to any copyright owned by the speaker.
Copyright is ‘intangible’ property. It may be sold or given away, and must be passed to someone else when an owner who is an individual dies or when an owner that is an organisation ceases to exist. There are several ways in which ownership can be transferred in the UK:
Duration of copyright:
The following descriptions identify the principal terms of copyright which will apply in the great majority of cases, but there are many variations. For full details of duration, including duration for other kinds of copyright works, see the Bibliography.
(a) Recorded speech, written text and music (literary and musical works)
Copyright in literary and musical works created since 1 August 1989, and in literary and musical works created and published before that date, lasts for 70 years after the end of the year in which the speaker or composer died or dies (standard term).
If the literary or musical works were written down or recorded (in any manner) before 1 August 1989 and had not been published at that date, copyright lasts until the end of 2039, unless the speaker or composer died after 31 December 1969 in which case the standard term applies.
(b) Sound recordings:
Copyright in sound recordings expires:
There was no copyright in films made before 1 June 1957. Instead they were protected as sequences of photographs (and also, for fiction films, as dramatic works). For the most part copyright in these expires 70 years after the end of the year of the death of the author (normally the director).
Copyright in films and videos made on or after 1 June 1957 expires:
Film sound tracks can have two distinct copyrights. Copyright in them is the same as for the film when they are attached to the film. When separated from the film they are treated as sound recordings.
Material produced by people working directly for the government is covered by Crown copyright, which differs in duration from the copyright to which others are entitled. For more details see the website of The National Archives (see the Useful Weblinks). In practice, the content of few oral history interviews is likely to be subject to Crown copyright. The following points might assist:
What to remember about copyright: