Article: National archives and records – the legal and policy considerations for the UK Journal: International Journal of Private Law (IJPL) 2010 Vol.3 No.1/2 pp.43 - 69 Abstract: Public Sector Information (PSI) is a strategic resource without which government could not function. It feeds directly into policy formation and growing volumes of personal and cultural information are in constant demand, fulfilling a wide variety of personal and business needs. Whereas traditional conduits for the supply and publication of such material were confined to the printed page and broadcast media, digitisation has opened up substantial new means for delivering access to these resources. This |access revolution| has itself created a new array of issues about what types of material should be captured to form the national archive and what intellectual property rights apply. One important aspect is the less discussed issue of policy for the maintenance and development of the public archive. Mass digitisation of the public record requires investment and secure maintenance if the archive is to be sustained. So what kind of regulatory structure needs to be established to facilitate this? Moreover, how far should private sector participation and expertise be utilised? On what basis should proprietary and user rights be granted where such collaborations take place? Finally, what message comes out of this as regards regulatory reform for libraries and archives? Inderscience Publishers - linking academia, business and industry through research

Title: National archives and records – the legal and policy considerations for the UK

Authors: Stephen Saxby

Addresses: School of Law, Southampton University, UK

Abstract: Public Sector Information (PSI) is a strategic resource without which government could not function. It feeds directly into policy formation and growing volumes of personal and cultural information are in constant demand, fulfilling a wide variety of personal and business needs. Whereas traditional conduits for the supply and publication of such material were confined to the printed page and broadcast media, digitisation has opened up substantial new means for delivering access to these resources. This |access revolution| has itself created a new array of issues about what types of material should be captured to form the national archive and what intellectual property rights apply. One important aspect is the less discussed issue of policy for the maintenance and development of the public archive. Mass digitisation of the public record requires investment and secure maintenance if the archive is to be sustained. So what kind of regulatory structure needs to be established to facilitate this? Moreover, how far should private sector participation and expertise be utilised? On what basis should proprietary and user rights be granted where such collaborations take place? Finally, what message comes out of this as regards regulatory reform for libraries and archives?

Keywords: national archives; intellectual property rights; library privilege; Copyright, Designs and Patents Act 1988; CDPA; copying; librarians; archivists; replacement copies; born-digital; Digital Britain; preservation; public sector information; PSI; access revolution; mass digitisation; public records; private sector; collaboration; regulation; proprietary rights; user rights; private law.

DOI: 10.1504/IJPL.2010.029602

International Journal of Private Law, 2010 Vol.3 No.1/2, pp.43 - 69

Published online: 30 Nov 2009 *

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Title: National archives and records – the legal and policy considerations for the UK

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