British Academy: The UK's National Academy for the Humanities and Social Sciences

Introduction

These Joint Guidelines set out to give those seeking or granting permission in the field of academic research information on the application of copyright in current issues involving literary works. It is hoped this will be equally helpful for researchers, authors, publishers and other relevant rightsholders. Other copyright works, such as artistic, musical or other works, are beyond the scope of these guidelines.

The first part looks at the position in general (giving illustrative examples), while the second part examines the way the law works in some common situations where in our experience difficulty has been encountered. While the guidelines treat the researcher as primarily a user of copyright material, they also keep in mind that the researcher is a producer who may originate copyright work. They also recognise that a publisher may be seeking permission from another rightsholder as well as granting permission for its own authors work.

Where the law is open-ended or unclear, the guidelines seek to provide a reasonable and balanced interpretation of its effects, hoping to influence outcomes in a number of potentially problematic situations.

While the second part provides some guidance on specific situations, it is always necessary to read these in the light of the first part (especially section 14 on fair dealing), and we suggest that users read the whole of the first part for purposes of orientation. Both the British Academy and the Publishers Association will be encouraging their members to make use of these guidelines, to assist, and inform, future permissions negotiations. While every effort has been made to ensure their accuracy, it should be stressed that only general guidance can be given here, and that the interpretation of the law and its application to particular facts is always open to argument in the absence of authoritative court rulings, particularly at a time when EU and UK copyright law is developing (and will continue to develop) rapidly, to take account of technological changes. In addition, the particular detailed circumstances of individual cases can have a significant bearing on their final outcomes. For these reasons this document does not deal with the law in exhaustive
depth or detail. There is a list of sources of further information at the end of the text. In cases of dispute or difficulty, specific legal advice should be sought.

Credits

These guidelines were prepared by a joint working party of the British Academy and the Publishers Association. We are particularly grateful to Professor Hector MacQueen, Fellow of the British Academy, and Hugh Jones of the Publishers Association, and for the research assistance provided by Dr Dinusha Mendis, Department of Law, University of Central Lancashire. Further information can be obtained from the Policy Section, The British Academy, 10 Carlton House Terrace, London, SW1Y 5AH. Telephone 020 7969 5200. Email: v.hurley@britac.ac.uk

The law is stated as at 31 March 2008.