1. Sound Barriers Oral history, copyright, and the OHRRG experience at the State Library of Western Australia Adrian Bowen Team Leader: Liaison, Acquisition & Description

2. Disclaimer I A N A L T I N L A

3. 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 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 2 year project: 2011-2013

4. Copyright and agreements influence whether oral histories can be communicated online But the subsistence and ownership of copyright is uncertain in Australia sensitive noise / obvious 2 sensitive noise / obvious 2 by Milos Milosevic CC BY 2.0

5. Copyright in oral history Multiple layers of copyright – sound recording, potential underlying works layers layers by Robert Couse-Baker CC BY 2.0

6. Copyright in oral history Multiple layers of potential copyright layers layers by Robert Couse-Baker CC BY 2.0 Copyright in the sound recording belongs to the “maker” of the recording

7. Copyright in oral history Multiple layers of potential copyright Copyright in sound recording belongs to the “maker” of the recording layers layers by Robert Couse-Baker CC BY 2.0 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.

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

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

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) layers layers by Robert Couse-Baker CC BY 2.0 Oral histories are normally unpublished, so copyright can last indefinitely

11. 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 layers layers by Robert Couse-Baker CC BY 2.0 Agreements between parties in oral histories can alter the subsistence of copyright

12. 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 layers layers by Robert Couse-Baker CC BY 2.0 May be an implied license to use commissioned interviews

13. 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 Tarsier in Bohol, Philippines by Roberto Verzo CC BY 2.0

14. SLWA approach for OHRRG Digitisation under preservation provisions of the Copyright Act 1968. But this doesn’t allow the interviews to be communicated online. DirectionDirection by 23am.com CC BY 2.0

15. 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 Two female laboratory workers test synthetic rubber in the Polymer Rubber Corporation by Pearl Sammett, from Library and Archives Canada CC BY 2.0

16. SLWA approach for OHRRG 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

17. 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 Past-Time Portal by Miguel Virkkunen Carvalho CC BY 2.0

18. 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 Trudy Walherden transcribing an oral history at the Battye Library by F.A. Sharr, from State Library of Western Australia

19. SLWA approach for OHRRG Put online without further work? 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

20. 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 classSwitchboard class, from the State Library of Western Australia

21. SLWA approach for OHRRG Additional protocols Diligent search Orphans works Notice and takedown Mounting bills Project 365(2) Day 142 Mounting bills Project 365(2) Day 142 by Keith Williamson CC BY 2.0

22. Day 171: The Sisyphus Punishment Day 171: The Sisyphus Punishment by Pascal CC BY 2.0 Outcomes and lessons learned