Sound Barriers Oral history, copyright, and the OHRRG experience at the State Library of Western Australia

Adrian Bowen Team 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 2 year project: 2011-2013 Aims: 7,500 hours digitised 200 voices online Outcomes: 11,550 hours digitised 200 voices online by end of project More being released every month

Copyright and agreements influence whether oral histories can be communicated online sensitive noise / obvious 2 by Milos Milosevic CC BY 2.0

But the subsistence and ownership of copyright is uncertain in Australia

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 Copyright in the sound recording belongs to the “maker” of the recording layers by Robert Couse-Baker CC BY 2.0

Copyright in oral history

• • Multiple layers of potential copyright Copyright in sound recording belongs to the “maker” of the recording Differing interpretations of underlying work. Either: There is no underlying work to protect; or Spoken words are copyrighted too. May be owned by interviewer, interviewee or both.

layers by Robert Couse-Baker CC BY 2.0

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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 exist wherever copyrights exist, but normal practices fulfil moral rights requirements layers by Robert Couse-Baker CC BY 2.0

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 may or may not exist for oral histories, but in practice this only affects interviews produced after 2005 layers by Robert Couse-Baker CC BY 2.0

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) Oral histories are normally unpublished, so copyright can last indefinitely layers by Robert Couse-Baker CC BY 2.0

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 in oral histories can alter the subsistence of copyright layers by Robert Couse-Baker CC BY 2.0

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 to use commissioned interviews layers by Robert Couse-Baker CC BY 2.0

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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 OHRRG

Digitisation 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 OHRRG

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SLWA 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 •agreements important 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 OHRRG

Put online without further work?

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Situation

SLWA 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 Donated, 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

Outcomes and lessons learned

Day 171: The Sisyphus Punishment by Pascal CC BY 2.0