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Echo, your past is my past is the governments for free - Marc Berger - 16th June 2016
http://www.legislation.gov.uk/uksi/2014/1385/regulation/2/made
Quote:Quote:Public administration
2.â(1) For section 47(2) and (3) of the Copyright, Designs and Patents Act 1988(1) substituteâ
â(2) Where material is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided thatâ
(a) the act is done by or with the authority of the appropriate person,
(b) the purpose of the act isâ
(i) to enable the material to be inspected at a more convenient time or place, or
(ii) to otherwise facilitate the exercise of any right for the purpose of which the statutory requirement is imposed, and
© in the case of the act specified in subsection (3A)©, the material is not commercially available to the public by or with the authority of the copyright owner.
(3) Where material which contains information about matters of general scientific, technical, commercial or economic interest is on a statutory register or is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided thatâ
(a) the act is done by or with the authority of the appropriate person,
(b) the purpose of the act is to disseminate that information, and
© in the case of the act specified in subsection (3A)©, the material is not commercially available to the public by or with the authority of the copyright owner.
(3A) This subsection applies to any of the following actsâ
(a) copying the material,
(b) issuing copies of the material to the public, and
© making the material (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.â
(2) For section 48(2) and (3) of the Copyright, Designs and Patents Act 1988 substituteâ
â(2) The Crown may, without infringing copyright in the work, do an act specified in subsection (3) provided thatâ
(a) the act is done for the purpose for which the work was communicated to the Crown, or any related purpose which could reasonably have been anticipated by the copyright owner, and
(b) the work has not been previously published otherwise than by virtue of this section.
(3) The acts referred to in subsection (2) areâ
(a) copying the work,
(b) issuing copies of the work to the public, and
© making the work (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.â
Not sure that I have seen this 2014 regulation discussed here but am presuming that it is the one used to put my reports up on the web by my LPAs but its using the word disseminate which is a word out of CIFA Cod of Conduct, Principle 4 of the Code (dissemination of archaeological information)
(3) Where material which contains information about matters of general scientific, technical, commercial or economic interest is on a statutory register or is open to public inspection pursuant to a statutory requirement, copyright in the material is not infringed by an act to which subsection (3A) applies provided that,
(b) the purpose of the act is to disseminate that information, and
© in the case of the act specified in subsection (3A)©, the material is not commercially available to the public by or with the authority of the copyright owner.
(3A) This subsection applies to any of the following actsâ
© making the material (or a copy of it) available to the public by electronic transmission in such a way that members of the public may access it from a place and at a time individually chosen by them.â
Is this dissemination free and to get this dissemination are we supposed to say that the report is not commercial? That's presumably for copyright that is produced to satisfy a condition. How does it work for pre application reports?
Echo, your past is my past is the governments for free - BAJR - 17th June 2016
Do you want paid for each report ?
Echo, your past is my past is the governments for free - Marc Berger - 20th June 2016
A client pays me to produce a heritage statement followed by a field evaluation report to accompany a planning application. That planning application gets turned down on three counts. One of which appears to be the archaeology and was related to Paragraph 128. The Decision Notice said
"The application is not supported by an appropriate evaluation of heritage impact, would have unacceptable harmful impact on the setting of a significant nearby
heritage asset and risks unacceptable harm to the archaeological record. This would be contrary to Paragraph 128 of the National Planning Policy Framework."
I do not know what an appropriated evaluation of heritage impact is or what bit of 128 is missing. I have no way to appeal this nonsense because the applicant decides to off hire me and then applies again, this time with another heritage statement that references my report. The application was turned down again but this time the applicant appeals to the Inspector.
Mean while the LPA publishes my evaluation report of the world wide web without my permission. I ask them to remove it. They do.
I had not thought about charging again for it. Are you suggesting an application use charge of some form?