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**Rights and permissions local studies**

Under the [[https://www.legislation.nsw.gov.au/#/view/act/1939/40 | Library Act 1939]], there is a legal responsibility to provide free access to library material including digital items, however Local Studies items can have limitations placed on them if they are considered too rare, sensitive or fragile to be freely accessible.

There is a responsibility to reflect true rights of collection items, rather than, simply to state that everything is in copyright. Local Studies has a responsibility to increase access to collections for research, reuse and other purposes, therefore having the correct rights statement attached to each object will help facilitate this use.


==== Responsibilities of the Institution as custodian/collector ====

It is the responsibility of Local Studies to:

  * Preserve the collection
  * Provide access to the collection
  * Ensure the migration of data and information relating to a collection
  * Ensure the safe storage of physical and digital items in the collection
  * Hold the collection in perpetuity
  * Ensure continuity of care of the collection if they are no longer able to house the collection


==== Copyright ====

  * Copyright is the legal right of the copyright holder to place restrictions on the use of their work. This includes copying work, digitising works or using works in other projects or publications. If you or a user wants to use an object, you will need to obtain permission from the copyright holder, unless conditions to the contrary have been set out in the donation agreement
   
  * Physical ownership of an object is different to copyright ownership of an object, therefore even if the Local Studies Collection has a copy of an object, it does not mean that they have copyright ownership of the object. In most cases the library will not have copyright ownership of an object.
   
  * A general rule is that copyright lasts for 70 years from the death of the creator of the object. The [[https://www.copyright.org.au/ACC_Prod/ACC/Information_Sheets/Duration_of_Copyright.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef | Copyright Council has information on duration of copyright]].

  * When the copyright duration has expired, the object is considered to be in the public domain, and can be used without needing to attain permission.
The National Library of Australia also has some [[https://www.nla.gov.au/about-copyright | helpful information about copyright]].



==== Moral rights ====

Moral Rights are different to copyright, in that they cannot be transferred and always belong to the creator of the object, and unlike copyright, they never expire. The Moral Rights of the creator include the right:
  * to be attributed (or credited) for their work
  * not to have their work falsely attributed
  * not to have their work treated in a derogatory way
 
These rights need to be taken into consideration for any use of objects in the collection.  The [[https://www.copyright.org.au/ACC_Prod/ACC/Public_Content/Information_Sheets_Search.aspx?WebsiteKey=8a471e74-3f78-4994-9023-316f0ecef4ef | Australian Copyright Council has helpful information on moral rights]].

==== Rights Statements ====

It is beneficial to provide rights statements for all objects, so that users know how they can use the objects in the Local Studies Collection. Rights statements should clearly state whether the object is in copyright or out of copyright, if the object is in copyright the statement should also state how the object can be used without infringing on copyright.

==== Creative Commons ====

One of the best ways to allow use of objects in copyright is through using a Creative Commons license. Creative Commons licenses can be used to set conditions for use of objects without infringing copyright, including sharing, using and re-using. These licenses are widely used in the GLAM sectors and by content creators, with standardised, flexible licenses allowing different levels of use to be assigned to objects. Other rights options include determining the use conditions by Library Policy, or using conditions set out in the donation agreement.

==== Methods used to brand content ====

Watermarking or other identification methods can be considered to brand content, although this is not a preferred option. However, embedding metadata allows for the provenance of the item to be attached to the record without altering the integrity of the item. Embedding rights statements, for example a Creative Commons licence, into the metadata of the object so that it can be displayed when the object is viewed is an ideal way to clearly inform users of the conditions that the object can be used. Flickr is one platform that allows you to do this, and would be worth exploring if this is possible to do with your LMS or other content management systems.

==== Examples of Rights Statements from State Library of NSW ====

  *This image may be used freely without requesting permission. Please acknowledge that the image is from the collections of the State Library of NSW.” 
  *“Copyright restrictions may apply - Photographs in this collection created before 1955 are all out of copyright. Photographs created after 1955 are in copyright.
  *Copyright status: - This collection has multiple rights owners
  * Rights and Restrictions Information: - Collection includes commissioned works;
  * Please acknowledge: - Mitchell Library, State Library of New South Wales”

==== Forms ====

It is important to obtain “informed consent” from donors so that it is clear how material in copyright can be used. Make sure the donor understands the range of formats the material may be available in. Provide forms for donations, which include information about access, rights, conditions of use and the potential of format shifting.

It is important to explain the conditions on the donation form to the donor so they can grant informed consent when you accession the donation. This includes explaining the possibility of preservation procedures, format shifting, access and use/re-use, as some of these processes may infringe copyright if permission is not gained at the time of donation. If you do not gain permission at this time, you will need to get copyright permission at a later time to undertake some of these processes.

This is also an opportunity to engage with the donor about the object and obtain more information about the object before you make a decision about whether you will accept the donation. If an object is to be donated with restrictions placed on it by the copyright holder, you do not need to accept the donation.

Forms need to be signed by the donor and a local studies representative, to record the agreement between the donor and the institution, these records then become part of the objects provenance and should be archived accordingly.


==== Risk minimisation for material in copyright ====

Prior to providing access to Local Studies materials that have unknown copyright, attempt to contact copyright holders to determine the level of access that can be granted to the object. If there is no response, or the copyright holder cannot be determined, state that all reasonable attempts to identify copyright have been made and then provide access.
Have procedures in place to take down this object if copyright is contested or other issues arise. A Takedown Notice is an important document to have available where your content is accessed, as it explains what the user needs to do if they want to contest copyright, as well as what procedures you will follow if copyright on an object is contested. The State Library of NSW has a take-down notice that can be adapted to suit your needs.

==== Access by permissions/forms ====

Some material may have restrictions placed on it at the time of acquisition. This may be due to content, for example Aboriginal or Torres Strait Islander material, contentious or sensitive material, or related to format such as rare/fragile items.Digital access to rare/fragile items is an option to overcome these restrictions.
If digitisation is not possible or practical, having procedures in place that set out the conditions for access to restricted objects is useful to explain to users how they can access restricted objects and what conditions may be set to grant them access.Access conditions can include limited time accessing the object, environmental conditions to access the object or restrictions on handling the object. 

==== Privacy ====

All forms and records need to be retained so that donor information can be used to contact the donor if the need arises. These forms and records also form part of the objects provenance and therefore need to be archived.
If a donor does not want their information to be recorded in the catalogue record or metadata, the donor information still needs to be recorded. Catalogue records, donation forms, records and other information about the object needs to comply with the Privacy Act, with no personal information being made public

[[http://www.legislation.nsw.gov.au/maintop/view/inforce/act+133+1998+cd+0+N | The Privacy and Personal Information Protection Act 1998]] (PPIPA)  directs how personal information (as defined by the Act) is collected, stored, and used. Public sector agencies such as local government devise privacy management policies based on this act. The privacy management/plan policy of the relevant local government body will provide initial guidance in relation to Local Studies Collections and privacy. 
A good place to start is [[http://www.ipc.nsw.gov.au/ |Information and Privacy Commission NSW]].
It is worth noting that PPIPA includes a general exemption for personal information contained in published and unpublished library materials.
Policies of other institutions may assist when writing a privacy management policy specifically for Local Studies Collections. These links may be useful:
  * [[https://www.records.nsw.gov.au/sites/default/files/About/Privacy%20Management%20Plan.pdf | State Records NSW]]
  * [[http://www.sl.nsw.gov.au/privacy | State Library of NSW]]. A website privacy policy may be applicable to digitised Local Studies resources but once again it may be based on the relevant council web policy. 
  * [[http://www.sl.nsw.gov.au/privacy/web-privacy-statement Web privacy SLNSW]] 

====Provenance====

Well designed forms prevent a loss of information regarding provenance. Regularly reviewing and updating forms can help to maintain good provenance collecting practices. Managing and archiving provenance records is also important in managing the collection, which can include data migration, format shifting and backing up records.

There may be material in the collection with no or poor records, which can lead to issues with determining the correct copyright owner for an object, or attributing copyright to an incorrect person or institution. How you manage these risks is dependent on your organisations risk management practices, however having take-down notices and procedures in place can help you manage the risks associated with poor provenance.


====Misuse====

There is always the potential for misuse of objects in the collection, but access should be provided to the collection for the benefit of users.Some common forms of misuse of the collection include not providing proper attribution to the holding institution or copyright holder, or using material out of context. 
By having rights statements clearly visible and good documentation and information about the collection you can educate patrons about the need for proper attribution and the benefits of working with the holding institution. This also gives the holding institution the opportunity to engage with the community when misuse is found which in turn can lead to opportunities to work together.


====Preservation====

Copying or digitising for preservation purposes is generally acceptable and does not infringe copyright, but it is always better to contact the copyright holder, if possible, to get permission to undertake preservation procedures.

The Australian Copyright Council has more information.


====Form/Declaration templates====
  * Item access
  * Item donation
  * Item Use/re-use
  * Item privacy

====Rights and Responsibilities of Local Studies====

Under the Library Act, there is a legal responsibility to provide free access to library material including digital items, however Local Studies items can have limitations placed on them if they are considered too rare, sensitive or fragile to be freely accessible.

There is a responsibility to reflect true rights of collection items, rather than, simply to state that everything is in copyright. Local Studies has a responsibility to increase access to collections for research, reuse and other purposes, therefore having the correct rights statement attached to each object will help facilitate this use.


====Rights of Institutions as custodian/collector====

It is the responsibility of Local Studies to:
  * Preserve the collection
  * Provide access to the collection
  * Ensure the migration of data
  * Ensure the safe storage of physical and digital items in the collection
  * Hold the collection in perpetuity
  * Ensure continuity of care for the collection if they are no longer able to house the collection


====Copyright====

Copyright is the legal right of the copyright holder to place restrictions on the use of their work. This includes copying work, digitising works or using works in other projects or publications. If you or a user wants to use an object, you will need to attain permission from the copyright holder, unless conditions have been set out in the donation agreement.
Physical ownership of an object is different to copyright ownership of an object, therefore even if the Local Studies Collection has a copy of an object, it does not mean that they have copyright ownership of the object. In most cases the library will not have copyright ownership of an object.
A general rule is that copyright lasts for 70 years from the death of the creator of the object. The National Library has a more extensive list for specific items.
When the copyright duration has expired, the object is considered to be in the public domain, and can be used without needing to attain permission.

For more information see:
  * [[https://www.nla.gov.au/about-copyright | National Library of Australia]]
  * [[http://www.sl.nsw.gov.au/copyright | State Library of NSW]]



====Moral Rights====

Moral Rights are different to copyright, in that they cannot be transferred and always belong to the creator of the object, and unlike copyright, they never expire.The Moral Rights of the creator include the right:
  * to be attributed (or credited) for their work
  * not to have their work falsely attributed
  * not to have their work treated in a derogatory way.
 
These rights need to be taken into consideration for any use of objects in the collection.

====Rights Statements====

It is beneficial to provide rights statements for all objects, so that users know how they can use the objects in the Local Studies Collection. Rights statements should clearly state whether the object is in copyright or out of copyright, if the object is in copyright the statement should also state how the object can be used without infringing on copyright.

One of the best ways to allow use of objects in copyright is through using a Creative Commons license. Creative Commons licenses can be used to set conditions for use of objects without infringing copyright, including sharing, using and re-using. These licenses are widely used in the GLAM sectors and by content creators, with standardised, flexible licenses allowing different levels of use to be assigned to objects.

Other rights options include determining the use conditions by Library Policy, or using conditions set out in the donation agreement.

Watermarking or other identification methods can be considered to brand content, although this is not a preferred option. However, embedding metadata allows for the provenance of the item to be attached to the record without altering the integrity of the item.Embedding rights statements, for example a Creative Commons licence, into the metadata of the object so that it can be displayed when the object is viewed is an ideal way to clearly inform users of the conditions that the object can be used. Flickr is one platform that allows you to do this, and would be worth exploring if this is possible to do with your Library Management System or other content management systems.

====Examples of Rights Statements====

State Library of NSW 
  * “This image may be used freely without requesting permission. Please acknowledge that the image is from the collections of the State Library of NSW.”
  * “Copyright restrictions may apply - Photographs in this collection created before 1955 are all out of copyright. Photographs created after 1955 are in copyright.
  * &quot;Copyright status: - This collection has multiple rights owners&quot;
  * &quot;Rights and Restrictions Information: - Collection includes commissioned works&quot;
  * &quot;Please acknowledge: - Mitchell Library, State Library of New South Wales”

====Forms====

It is important to obtain “informed consent” from donors so that it is clear how material in copyright can be used. Make sure the donor understands the range of formats the material may be available in. Provide forms for donations, which include information about access, rights, conditions of use and the potential of format shifting.

It is important to explain the conditions on the donation form to the donor so they can grant informed consent when you accession the donation. This includes explaining the possibility of preservation procedures, format shifting, access and use/re-use, as some of these processes may infringe copyright if permission is not gained at the time of donation. If you do not gain permission at this time, you will need to get copyright permission at a later time to undertake some of these processes.

This is also an opportunity to engage with the donor about the object and obtain more information about the object before you make a decision about whether you will accept the donation. If an object is to be donated with restrictions placed on it by the copyright holder, you do not need to accept the donation.

Forms need to be signed by the donor and a Local Studies representative, to record the agreement between the donor and the institution, these records then become part of the objects provenance and should be archived accordingly.


====Risk minimisation for material in copyright====

Prior to providing access to Local Studies materials that have unknown copyright, attempt to contact copyright holders to determine the level of access that can be granted to the object. If there is no response, or the copyright holder cannot be determined, state that all reasonable attempts to identify copyright have been made and then provide access.
Have procedures in place to take down this object if copyright is contested or other issues arise. A Take-down Notice is an important document to have available where your content is accessed, as it explains what the user needs to do if they want to contest copyright, as well as what procedures you will follow if copyright on an object is contested.
The State Library of NSW has a Take-down notice that can be adapted to suit your needs.

====Access by permissions/forms====

Some material may have restrictions placed on it at the time of acquisition. This may be due to content, for example Aboriginal and Torres Strait Islander material, contentious or sensitive material, or related to format such as rare/fragile items.
Digital access to rare/fragile items is an option to overcome these restrictions.
If digitisation is not possible or practical, having procedures in place that set out the conditions for access to restricted objects is useful to explain to users how they can access restricted objects and what conditions may be set to grant them access.
Access conditions can include limited time accessing the object, environmental conditions to access the object or restrictions on handling the object. 


====Privacy====

All forms and records need to be retained so that donor information can be used to contact the donor if the need arises.These forms and records also form part of the objects provenance and therefore need to be archived.If a donor does not want their information to be recorded in the catalogue record or metadata, the donor information still needs to be recorded.Catalogue records, donation forms, records and other information about the object needs to comply with the Privacy Act, with no personal information being made public.

[[http://www.legislation.nsw.gov.au/maintop/view/inforce/act+133+1998+cd+0+N |The Privacy and Personal Information Protection Act 1998 (PPIPA)]] directs how personal information (as defined by the Act) is collected, stored, and used. Public sector agencies such as local government devise privacy management policies based on this act. The privacy management/plan policy of the relevant local government body will provide initial guidance in relation to Local Studies Collections and privacy. A good place to start is [[http://www.ipc.nsw.gov.au/ | The Information and Privacy Commission NSW]]  which provides information and guidelines for public sector agencies.
It is worth noting that PPIPA includes a general exemption for personal information contained in published and unpublished library materials.
Policies of other institutions may assist when writing a privacy management policy specifically for Local Studies Collections. These links may be useful:
  * [[https://www.records.nsw.gov.au/sites/default/files/About/Privacy%20Management%20Plan.pdf | State Records NSW ]]
  * [[http://www.sl.nsw.gov.au/privacy | State Library of NSW]]. 

A Website privacy policy may be applicable to digitised Local Studies resources but once again it may be based on the relevant council web policy. Other useful information can be found at 
  * [[https://www.records.nsw.gov.au/about-state-records/website-privacy-policy | State Records NSW]]

====Provenance====

Good forms prevent poor provenance. Regularly reviewing and updating forms can help to maintain good provenance collecting practices. Managing and archiving provenance records is also important in managing the collection, which can include data migration, format shifting and backing up records.

There may be material in the collection with no or poor records, which can lead to issues with determining the correct copyright owner for an object, or attributing copyright to an incorrect person or institution. How you manage these risks is dependent on your organisations risk management practices, however having takedown notices and procedures in place can help you manage the risks associated with poor provenance.


====Misuse====

There is always the potential for misuse of objects in the collection, but access should be provided to the collection for the benefit of users.
Some common forms of misuse of the collection include not providing proper attribution to the holding institution or copyright holder, or using material out of context. 
By having rights statements clearly visible and good documentation and information about the collection you can educate patrons about the need for proper attribution and the benefits of working with the holding institution. This also gives the holding institution the opportunity to engage with the community when misuse is found, that can lead to opportunities to work together.

====Preservation====

Copying or digitising for preservation purposes is generally acceptable and does not infringe copyright, but it is always better to contact the copyright holder, if possible, to get permission to undertake preservation procedures.

The Australian Copyright Council has more information.

Form/Declaration templates
· access
· donation
· use/re-use
· privacy

[[Guidelines for having a local studies collection]]

[[Baseline enhanced exemplary local studies]] suggested service levels

[[The value of a local studies collection]]

[[Who is the audience local studies]]

[[Collection policy local studies]]

[[Managing collections local studies]]

[[Providing access local studies]]

[[Staff local studies]]

[[Researching local studies]]

[[Programs and publicity local studies]]

[[Evaluation local studies]]