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. I A N A L T I N L A Disclaimer
Disclaimer: I am not a lawyer. This is not legal advice

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
2 year project:
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

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

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

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

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

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

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

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Oral histories are normally unpublished, so copyright can last indefinitely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

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

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

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 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.
Direction 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 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 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 by F.A. Sharr, from State Library of Western Australia

19. Put online without further work?
SLWA approach for OHRRG
Put online without further work?
Situation ü
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 û
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 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 by Keith Williamson CC BY 2.0

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