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Possible help with Copyright and the NAA


Jayenn
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I have downloaded a large number of images of documents from the National Archives of Australia, and want to use some of these on my website. They are the records (Attestation papers, Medical, Service, Wills, letters, etc.) of 3 soldiers (brothers) who served in the AIF during WW1. I am writing the family histories of these men and want the images to enhance their stories.

While reasonably sure (from what I’ve read on the NAA website) that I wouldn’t be infringing copyright by putting some of them on my site, I wondered if anyone has any experience of this. I have contacted the NAA site with my question but, in well over a week, have never received a reply of any sort.

I’m sorry to ask but I will admit, I am almost paranoid about infringing any copyright – it would turn what is a pleasure into a nightmare!

My website is definitely not commercial but just the stories of men in WW1.

I hope someone can help.

Jayenn

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I suspect that a week is not a long time in the world of archivists. If you don't hear from them in a month, then it might be worth sending a letter.

Keith

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Their website page seems to me to be a crystal clear explanation of the position for non-commercial use. Why are you still concerned?

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I suspect that a week is not a long time in the world of archivists. If you don't hear from them in a month, then it might be worth sending a letter.

Keith

Thanks Keith, I'm going on holiday for a week so when I come back I'll see if anything's turned up.

Jayenn

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Their website page seems to me to be a crystal clear explanation of the position for non-commercial use. Why are you still concerned?

Thanks John,

The reason I'm concerned is, simply, because it's not crystal clear to me! I'm pretty sure I would have no problem but just wondered whether anyone else had had any trouble using NAA images on their website. There might be something of which I should be aware but failed to notice or didn't fully comprehend.

As I understand it, the problem with copyright is that it's no good saying sorry once you've published it, you're in trouble, and I just want to be very careful and avoid "trouble"!

From what you've said, however, I get the idea that you, at least, don't think I'd have any problem.

Thanks for that, John

Regards,

Jayenn

.

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From what you've said, however, I get the idea that you, at least, don't think I'd have any problem.

Correct.

My reading of their pages is that they are explicit in permitting usage for non-commercial purposes such as the website you describe.

John

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Correct.

My reading of their pages is that they are explicit in permitting usage for non-commercial purposes such as the website you describe.

John

Thanks John,

That's how I read it but, I did say I was gettintg paranoid over copyright! I'm taking great care as this is a hobby and a pleasure and I don't want it to turn into a nightmare because I misunderstood what was said or I didn't read something I should have.

I'm grateful, however, that you confirm what I thought but was unsure about.

Jayenn

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if you write email to

MATT SMITH

Archive Director

Australian War Graves Photographic Archive

www.australianwargraves.org

545 Mt Cotton Road, Sheldon Q. 4157

Australia

awgpa@bigpond.com

australianwargraves@bigpond.com

he ll sure be able to help you out ...

regards from france

soilsister

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Hi Jayenn

Having read their policy on non-commercial ventures, I used downloaded documents from NAA on my website and to date have received no complaint.

see HERE and HERE

As long as there is no commercial venture associated with your website, e.g. book promotion then I see no reason why they would object.

Best wishes

Andy

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Just be sure to reference the NAA correctly ...

You could also consider typing in there something about the non commercial policy with a link to the NAA page.

However, me being me ... I would still want permission just to cover my rear!

Bright Blessings

Sandra

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I don't agree that their statement on copyright means you can publish one of their images on a website without asking first. To my mind, 'personal' use means that you can download an image and look at it and perhaps share it with your family. 'Personal' doesn't mean that you can upload it to a server and show it to the entire world wide web. Unless, perhaps, I've missed an important paragraph which says you can publish it to the general public. Non-commercial or not, a website is publishing.

I would wait for comments and explicit permission from the relevant authorities. It's simple enough, you've already written your email and as Keith says, a week is no time at all. It's nice if people can reply by return, but we've sometimes waited a lot longer than that for permissions for our website.

The other bonus of being able to say accurately that an image is reproduced by permission of some body or other is that it adds authority to your website.

Gwyn

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I can tell you from experience ... it will take a lot longer than a week to get an answer from the NAA.

If it were me in your situation (speaking from personal correspondence over the use of NAA material) I would do nothing without permission.

Bright Blessings

Sandra

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Jayenn

I have had a telecon conversation with the NAA and the guy suggests you contact the copyright section on the NAA website

there is a web address in that area and discuss your problem with them - hoping everything goes ok for u

David

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These documents are Crown Copyright. In Australia Crown Copyright only lasts for 50 years. The issue is whether the 50 years runs from the data of the original document or from when the electronic image was created.

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Copyright in Australia changed a few years ago when the free trade agreement with the USA came into play.

Bright Blessings

Sandra

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Thanks to everyone for your many replies! I can't thank you all enough, however.

I know I am very cautious about copyright, perhaps, over cautious but I'm always concerned that, wherever the copyright comes from, whatever it says, I, either, have read it differently to what was meant or, so to speak, "failed to turn over the page"! I always try to get written approval and, so far, have never been refused.

But that's why I wanted, and have got, other people's ideas and experiences - for which I thank you all once again - it's always amazing to me how kind people are and how they will take the time to help others - at least on forums and mailing lists - I'm not sure about the rest of society!

I'll wait to see it I hear from the NAA but will try some of the addresses and ideas mentioned in these replies. I'm not in a hurry - I have so much further research to do on these three men that I can wait a few months. There are, also, other areas I have to tackle as well so I won't be bored - if only I could think and type faster! I should never have retired - I seemed to have more time before I did.

I'll read your replies again, when I have a bit more time.

Regards (oh, and my thanks yet again!), :D

Jayenn

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Jayenn

I have had a telecon conversation with the NAA and the guy suggests you contact the copyright section on the NAA website

there is a web address in that area and discuss your problem with them - hoping everything goes ok for u

David

Thanks for going to that trouble for me, David!

I have sent two queries to the NAA but not recieved a reply yet but, as has been said, it might be too early for a reply - I can wait!

Jayenn.

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These documents are Crown Copyright. In Australia Crown Copyright only lasts for 50 years. The issue is whether the 50 years runs from the data of the original document or from when the electronic image was created.

Hi nigelfe,

It's usually taken, in the UK, (but depends on what you're talking about!) as being 70 years from the date it was written or compiled - but it does vary and you need to check - hence my concerns.

Regards,

Jayenn

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if you write email to

MATT SMITH

Archive Director

Australian War Graves Photographic Archive

www.australianwargraves.org

545 Mt Cotton Road, Sheldon Q. 4157

Australia

awgpa@bigpond.com

australianwargraves@bigpond.com

he ll sure be able to help you out ...

regards from france

soilsister

Thanks for that - I'll write to see what he can do for me!

Regards,

Jayenn

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Copyright in Australia changed a few years ago when the free trade agreement with the USA came into play.

I think you'll find that it didn't affect Crown Copyright

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Jayenne.

Although new to this board, I have noticed that the website referred to in the discussion on the ALLEGED photigraph of the Charge at Beersheba contains many images from the NAA and War Memorial.

You may care to visit the Light Horse Studies Centre page and pursue your enquiries there. From this distance it would appear that the LHSC is not seeking to make profits and would therefore qualify for unrestrained access.

Sb

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Stormboy .... your observations appear to be incorrect as I have just read on another forum a discussion almost similiar ... I am not so sure the LHSC is a non-profit venture considering the website owner is requesting people 'donate to keep our Light Horse name alive' on a site that's hosted on a free web server.

Bright Blessings

Sandra

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Sandra.

Surely the person directing such venom at the Returned Services League of Australia, and at the alleged perpetrators of such dispicable acts of disrespect towards the Light Horse Men would not entertain the prospect of being caught out at the same game.

regards

Sb

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Stormboy , do you believe in fairies too?

The NA is a very busy place with limited staff. Give them time, and as suggested, if you don't hear within a month, send them a follow up.

Cheers

Kim

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