BLE Detailed Copyright Guide: Putting Material on the BLE: Out of Copyright Material
You can place an item on the BLE without infringing copyright if the item is out of copyright. Copyright protection only runs for a limited period of time: "out of copyright" means that the restrictions on use imposed by copyright law have expired. The duration of copyright can depend on a number of factors, including:
- The nature of the work - different rules apply to different formats.
- Who was the "author" (i.e. the creator) of the work - who may not be the same as the person who owns the copyright. If a work has more than one author, the duration of copyright will depend on the date of death of the last surviving author.
- When the work was created or first published. Copyright law is not fully retrospective, so the duration of copyright can be determined by the law in force at the time of creation or first publication.
- Whether the work is published or unpublished.
- Whether the work was created/published in the UK or overseas.
These factors mean that it can be difficult to determine whether the copyright in an item has expired. When deciding whether or not an item is in copyright, there are some general points which you should bear in mind:
(1) Don't assume that something is out of copyright simply because it is old. For example, a book published in 1900 whose author died in 1940 will be protected by copyright until 31 December 2010, as copyright in this case will run for 70 years from the end of the year in which the author died. Unpublished literary, dramatic and musical works whose author died before 1969 are in copyright automatically until at least 2039.
(2) Even if you believe it is out of copyright, you should never reproduce (on the BLE or elsewhere) a photocopy of a published or unpublished item which was supplied to you by a UK library or archive (i.e. where they did the copying for you), unless you have permission from the library or archive, or the copyright owner. It is likely that when you ordered the copy, you signed a standard statutory declaration agreeing not to use it for any purpose other than your own non-commercial private study and research. Placing the item on the BLE will violate this unless you have permission. See Copyright Guidance for SOAS Library Users for further details.
(3) Crown Copyright material is subject to its own rules regarding the duration of copyright which are not considered here. However, many Crown Copyright publications can now be freely used as a result of general waivers of copyright or after obtaining a free licence (see You have permission from the copyright owner).
A table is available (as part of the copyright guidance for SOAS Library users) which summarises the duration of copyright in UK-created literary works, dramatic works, musical works, artistic works other than photographs or engravings, photographs and sound recordings. It also indicates whether there are exceptions in copyright legislation which allow older material to be copied even if it is still within copyright, and the rules that apply to material created outside the UK. Films, broadcasts, databases and Crown Copyright material are not covered: for advice in these areas, contact the Information Compliance Manager (see Further information and advice).
Last updated September 2008
