The Re-use of Public Sector Information Regulations 2015 Birmingham’s approach, with specific reference to s.14 and an exclusive arrangement in relation to the digitisation of cultural resources Steve Leigh Copyright and Licensing Advisor Digital Assets Team Library Services

Beginnings  Legal Services pick up ICO guidance on PSI and rapidly bat this over to Library Services (10 August 2015);  I’m asked to work on compliance;  ICO content is ok, but, importantly, it links to guidance from the National Archives;  This is extensive and tailored to the cultural sector;  A very big thank you to Howard and his colleagues.

The Statement of Public Task The University Library is administered by the Library Services Division of Academic Services. It operates within a complex Higher Education environment. It is subject to internal regulatory processes and to applicable external legislation. As a critical learning resource it is central to the student experience at Birmingham. Library Services, under its Director, is divided operationally into three areas: Academic Engagement Customer Support Collection Management and Development Library Services operates in line with the following core functions:  To support the teaching, learning and research activities of the University through the provision of information resources, both in print and in electronic formats;  To provide support and training to students in order that they may most effectively use the Library’s resources;  To develop the Library collections and associated work-study environments in line with changing user needs;  To engage with the student cohort and with academic staff in order to ensure that the appropriate levels of user feed- back are maintained;  To engage with the local community through the provision of external membership and walk-in visitor arrangements.

List of Information Assets Library Services produces, disseminates, holds and uses a large number of information items that are presented in various formats. Items that are related to its public task are subject to the Re-use of Public Sector Information Regulations The Library's information assets are categorised as follows:  Items relating to Library Services listed in the University of Birmingham Publication Scheme  Publication scheme Publication scheme  Information relating to the governance and management of Library Services, including:  Corporate data  Contracts  Human Resources data  Finance  Information management  User services  Health & Safety  Library buildings and their maintenance  Library collections  Digital collections (including the Phyllis Nicklin images)  N.B. The ePapers repository contains some material that is included within the scope of the PSI regulations. This is where the copyright is held by the University. However, copyright in a significant number of deposits within ePapers is retained by third parties and such items are excluded from release under the PSI regulations. Such items may, however, be freely viewed for reference purposes.ePapers repository  Catalogue information and metadata   Limitations  Please note that there are some limitations that may restrict the release of information for re-use. These include where the copyright is not held by the University, where personal data is involved or where release would not be agreed if a similar application had been made under existing access legislation, such as the Freedom of Information Act 

The digitisation of cultural resources: a case study  PSI regulations generally frown on exclusive licensing (s.14);  We are, however, permitted to “enter into an exclusive arrangement in relation to the digitisation of cultural resources”;  The Phyllis Nicklin images - 35mm slides of Birmingham taken ;  450 of these have been available online since 2004 via the University’s ePapers repository;  CC BY-NC-SA 2.5 licence;  Reasonable metadata in place;  Partnership with Brumpic;  The “Nicklin Unseen” project.

Nicklin Unseen: a win/win  Brumpic originally approach us to use 12 images from the ePapers repository in a pull-out feature in the Birmingham Post;  We advise them about a large number of undigitised Nicklin images held at the University;  We enter into an agreement with Brumpic whereby:  Brumpic review the trove of unseen slides and digitise those that are of interest for ultimate inclusion in our repository;  We grant Brumpic exclusive use for an initial 12 months, recently extended for a further 6 months.

Key contractual safeguards  Our ownership and copyright at all times;  Minimum scan of 2000dpi plus metadata;  Brumpic to store securely, no deterioration;  Attribution of University as rights holder;  No display of images in a way that would bring the University into disrepute;  Take-down of offending image(s) if any individual objects.

For Brumpic  Exclusive period of non-commercial use;  A free hand to arrange exhibitions and displays;  Sole control of image selection for digitisation;  A guarantee that the University will hold all images released to it in a closed repository during the agreement period.

Outcomes  Various pull-outs in the Birmingham Post/Evening Mail;  Touch table at the Library of Birmingham;  Exhibition at BMAG;  Partnership with Reuben Colley Gallery;  Midlands Today (BBC) item (with Horace Panter of The Specials);  Display outside Snow Hill Station 1 October Jan 2016 funded by Colmore Business District, the Heritage Lottery Fund and JMP Consultants.

Phyllis Amelia Nicklin Staff Tutor in Geography University of Birmingham b.9 May 1909 d.18 November 1969 RIP