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Page References

Incoming links Outgoing links
SectionF.4
SectionF.4

Version management

Difference between version and

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It has been recommended that HER officers develop and implement an access and charging policy (ACAO 1993). Such a policy should be made explicit to all users and depositors of information. A clear formal access and charging policy should state the information available from an HER, what information may be withheld, the reasons for this, any charges that requesting HER information may incur and any information expected from the user in order for them to access the HER. Establishing a user's declaration form, perhaps in conjunction with Benchmark 1.3's goal of maintaining a register of users, could prove a useful tool in monitoring interest in sensitive sites.
It has been recommended that HER officers develop and implement an access and charging policy ([ACAO 1993|Bibliography#ACAO 1993|target='_blank']). Such a policy should be made explicit to all users and depositors of information. A clear formal access and charging policy should state the information available from an HER, what information may be withheld, the reasons for this, any charges that requesting HER information may incur and any information expected from the user in order for them to access the HER. Establishing a user's declaration form, perhaps in conjunction with Benchmark 1.3's goal of maintaining a register of users, could prove a useful tool in monitoring interest in sensitive sites.
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HERs should be considered public information, having been compiled through national and local government funds and should aim to provide access as fully as is possible to all users. However the dual role of the resource in also supporting planning and conservation matters may mean that in certain circumstances full access to information for all users could be limited. The archaeological results contained within fieldwork reports produced in support of planning applications are public information and cannot be withheld. It is the responsibility of the depositor to ensure no commercially sensitive information is available within the report. Personal information held within HER documents is covered by the Data Protection Act regulations and should be withheld.
HERs should be considered public information, having been compiled through national and local government funds and should aim to provide access as fully as is possible to all users. However the dual role of the resource in also supporting planning and conservation matters may mean that in certain circumstances full access to information for all users could be limited. The archaeological results contained within fieldwork reports produced in support of planning applications are public information and cannot be withheld. It is the responsibility of the depositor to ensure no commercially sensitive information is available within the report. Personal information held within HER documents is covered by the [Data Protection Act|Bibliography#Data Protection Act 1998|target='_blank'] regulations and should be withheld.
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Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, ACAO 1993). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03 and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
Since the introduction of PPG16 there has been a substantial expansion in the volume of enquiries from developers and consultants and HER information has acquired a commercial value. Some HERs have considered charging for access to information. In England and Wales it has been established through the courts that it is illegal for local authorities to charge for accessing information for pre-planning-application discussions between council planning officers and developers (McCarthy and Stone vs. London Borough of Richmond, [ACAO 1993|Bibliography#ACAO 1993|target='_blank']). No directly similar case has been brought before the Scottish courts, although the McCarthy & Stone case has been used as supporting evidence in other successful cases against Scottish local authorities re the legality of charges for information - [SPH (Scotland) Ltd v The City of Edinburgh Council 2003 CA13/03|http://www.scotcourts.gov.uk/opinions/ca13_03.html] and Stirrat Park Hogg v Dumbarton District Council 1996 SLT 1173.
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HERs may contain information of a sensitive nature such as the accurate location information of vulnerable sites or the personal details of individuals. HER officers could consider including a deliberate time lag in certain cases if sensitive information is being made widely available to all users. It may be necessary that the locational data of certain sites is less precise than others. This issue is especially pertinent when making HER information available over the Internet, where users may be less easily monitored. ALGAO advices that those HERs in receipt of Portable Antiquities Scheme Data should use a NGR of no more than four figures if published online. Benchmark 1.2 (Chitty 2002) 'Access to Services' advises that where remote access is provided to the HER it should be a 'read-only' facility and capable of blocking access to sensitive information.
HERs may contain information of a sensitive nature such as the accurate location information of vulnerable sites or the personal details of individuals. HER officers could consider including a deliberate time lag in certain cases if sensitive information is being made widely available to all users. It may be necessary that the locational data of certain sites is less precise than others. This issue is especially pertinent when making HER information available over the Internet, where users may be less easily monitored. ALGAO advices that those HERs in receipt of Portable Antiquities Scheme Data should use a NGR of no more than four figures if published online. Benchmark 1.2 ([Chitty 2002|Bibliography#Chitty 2002|target='_blank']) 'Access to Services' advises that where remote access is provided to the HER it should be a 'read-only' facility and capable of blocking access to sensitive information.
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Images held within the HER are also the subject of several access issues, especially where they are 'published' on the Internet. Any images of children must have express parental permission. Any image that reveals an individual's identity should not be used without their permission. Car number plates should not be visible without the owner's permission. Images should only show property visible from a public right of way unless the owner's permission has been sought and given. Experience of the 'Images of England' project ([http://www.imagesofengland.org.uk/]) has demonstrated that even this policy is unacceptable to certain property owners who may have security and privacy concerns. Consequently even images taken from a public right of way may be withdrawn as a courtesy. The way that people are depicted should also be considered in terms of negative images and discrimination.
Images held within the HER are also the subject of several access issues, especially where they are 'published' on the Internet. Any images of children must have express parental permission. Any image that reveals an individual's identity should not be used without their permission. Car number plates should not be visible without the owner's permission. Images should only show property visible from a public right of way unless the owner's permission has been sought and given. Experience of the ['Images of England' project|http://www.imagesofengland.org.uk/] has demonstrated that even this policy is unacceptable to certain property owners who may have security and privacy concerns. Consequently even images taken from a public right of way may be withdrawn as a courtesy. The way that people are depicted should also be considered in terms of negative images and discrimination.
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!!F.4.4 Copyright, database right and licensing
Control of intellectual property rights (copyright, database right and licensing) are complex legal areas in which this manual can only give common-sense guidelines. HER officers can find out more about these issues either by consulting published works (see References Section H) or their local authority's legal advisors.
!!F.4.4 Copyright, database rights and licensing
Control of intellectual property rights (copyright, database right and licensing) are complex legal areas in which this manual can only give common-sense guidelines. HER officers can find out more about these issues either by consulting published works (see References [Section H|SectionH]) or their local authority's legal advisors.
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The main legislation governing copyright issues, as amended by various additional regulations, is the Copyright, Designs and Patent Act 1988 (UK wide). This specifies the rights of creators of dramatic, artistic (including photography), sound recording, broadcast and artistic works. To qualify, the work must be an original work, or a published edition of works, involving labour, skill or judgement. Copyright in the UK is automatic – it does not need to be specified on the work itself. However, the law in the UK is currently likely to undergo subtle amendments following the adoption of a recent [EU directive|http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32001L0029&model=guichett] that seeks to harmonise copyright regimes across Europe. This is likely to impact on definitions of 'fair dealing', restricting the current fair dealing exemptions to 'non-commercial' uses.
The main legislation governing copyright issues, as amended by various additional regulations, is the [Copyright, Designs and Patents Act 1988|Bibliography#Copyright, Designs and Patents Act 1988|target='_blank'] (UK wide). This specifies the rights of creators of dramatic, artistic (including photography), sound recording, broadcast and artistic works. To qualify, the work must be an original work, or a published edition of works, involving labour, skill or judgement. Copyright in the UK is automatic – it does not need to be specified on the work itself. However, the law in the UK is currently likely to undergo subtle amendments following the adoption of a recent [EU directive|http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32001L0029&model=guichett] that seeks to harmonise copyright regimes across Europe. This is likely to impact on definitions of 'fair dealing', restricting the current fair dealing exemptions to 'non-commercial' uses.
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!Database right
!Database rights
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*__Database right__\\
Database right applies to databases that may not be covered by normal copyright but which may nonetheless be commercially valuable. It lasts for 15 years from the creation of the database. Database right can be extended if an altogether new database is created, albeit based on the first, following substantial new investment. The main point is to protect database owners from systematic extraction of parts of the database for purposes that conflict with the usual use of the database, even if they don't infringe normal copyright.
*__Database rights__\\
Database rights are a distinct form of copyright and apply to information held in databases that may not be covered by normal copyright. These rights are set out in the Copyright and Rights in Databases Regulations 1997 ([http://www.legislation.gov.uk/uksi/1997/3032/contents/made]), they subsist alongside copyright and do not override the rights of the individual copyright owners. Individual pieces of information from sources consulted by the HER during its compilation or enhancement may have their own copyright associated with them. If third parties own copyright in some of the entries then the database rights owner cannot authorise the reproduction of the part of the database containing those entries without their permission (and may be required to acknowledge their copyright). Such permission may have been obtained when the data was entered, or may have to be requested at the time of proposed reproduction of that part of the database. However, the HER will be something wholly different from the sum or its constituent pieces of information. As a whole the HER would be by “reason of the selection or arrangement of the contents of the database the database constitute the author's own intellectual creation”. The author is the person who “takes the initiative in obtaining, verifying or presenting the contents of a database and assumes the risk of investing in that obtaining, verification or presentation". So here the author of the database would be the local authority responsible for the HER with the HER staff providing the intellectual input by selecting information, deciding which records to add it to, comment on, index etc. This would represent a substantial investment in obtaining, verifying or presenting the contents of the database.
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Database rights exist from the moment the database is created and then lasts for 15 years from its completion, or if it was published during that period 15 years from the end of the year of in which it was first made available to the public. If there is a substantial change to the contents of the database then the 15 year protection period recommences.
It can be argued that compilation of an HER is never complete. It is easier to make the case that a database has been substantially altered if the figures for the number of newly added and amended records over the year has been kept for each month in order to prove substantial change had taken place over the preceding calendar year and thus another 15 year term of database rights has commenced. In this way the constant updating of a database (such as an HER) renders the database right renewed on a regular basis.
A useful article summarising Database Rights has been published by Out-Law ([http://www.out-law.com/page-5698]).
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HERs are normally involved in a number of licensing arrangements. Those that impact on HER work most significantly are licensing arrangements with the Ordnance Survey, for map data of various kinds, or with national agencies for the supply of information from the NMRs and for other datasets such as the Thesaurus of Monument Types. Other datasets recently supplied under license include the Defence of Britain project data and HERs may have signed local licenses for other datasets.
HERs are normally involved in a number of licensing arrangements. Those that impact on HER work most significantly are licensing arrangements with the Ordnance Survey, for map data of various kinds, or with national agencies for the supply of information from [Historic England|Glossary#Historic England|target='_blank'] or the NMRs and for other datasets such as the Thesaurus of Monument Types. Other datasets recently supplied under license include the Defence of Britain project data and HERs may have signed local licenses for other datasets.
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License agreements will usually place restrictions on the use of the information and these can often be severe. The English Heritage NMR license imposes limitations on how NMR materials may be referenced in the HER, how they may be passed to third parties, what uses they may be put to and also requires HERs to submit user figures to English Heritage on a quarterly basis.
License agreements will usually place restrictions on the use of the information and these can often be severe. Licenses from [Historic England|Glossary#Historic England|target='_blank'] (first established by English Heritage) imposes limitations on how material may be referenced in the HER, how they may be passed to third parties, what uses they may be put to and also requires HERs to submit user figures to Historic England on a quarterly basis.
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An example of a deposit license is provided by the Arts and Humanities Data Service: [http://www.archaeologydataservice.ac.uk/advice/guidelinesForDepositors]
An example of a deposit license is provided by the Arts and Humanities Data Service: [http://archaeologydataservice.ac.uk/advice]
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HER managers should be aware of copyright restrictions when incorporating materials into HER records. Copying sections of archaeological reports or journals into HER records without permission not only risks copyright infringement, but would also prevent the HER passing on the records to third parties. Citing the author is no substitute for obtaining proper copyright permission, nor should copyright be assumed to have lapsed if the publisher is no longer in business. The Book Trust provides a useful guide for tracking down copyright holders. ([http://www.booktrust.org.uk/about/faqs.php])
HER managers should be aware of copyright restrictions when incorporating materials into HER records. Copying sections of archaeological reports or journals into HER records without permission not only risks copyright infringement, but would also prevent the HER passing on the records to third parties. Citing the author is no substitute for obtaining proper copyright permission, nor should copyright be assumed to have lapsed if the publisher is no longer in business. An individual quote from a work in copyright should be up to a maximum of 50 words long and multiple quotes from the same source must not total more than 300 words. Referencing is important and all quotes must be properly cited. The quote must also be material which is in the public domain and extend no further than that required to fulfil the purpose of the HER record. The Book Trust provides a useful guide for tracking down copyright holders. ([http://www.booktrust.org.uk/about/faqs.php])
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__''HER databases and database right''__\\
__''HER databases and database rights''__\\
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Wienand, P, Booy A and Fry, R (2000) ''A Guide to Copyright for Museums and Galleries'', Routledge. [http://heds.herts.ac.uk/resources/papersI.html]
Wienand, P, Booy A and Fry, R (2000) ''A Guide to Copyright for Museums and Galleries'', Routledge.
[Access and Charging Policy Template|ACPTemplate.docx]
This page (revision-16) was last changed on 26-Sep-2017 11:08 by Martin NewmanTop