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BCRA > Copyright

This web page gives information about BCRA publications. If you wish to know something about the copyright of cave surveys, please go to Cave Surveying Group, follow the link to the online archive and read the article in Compass Points 11.

See also: list of further reading at foot of page

On this web page ...

To read a copy of the letter that we are sending to our authors, please click here:
licence_060904_dg1.pdf | licence_060904_dg1.txt

If you a BCRA author, and you would like to register your agreement with BCRA's copyright licensing terms, as set out below, please click here to send us an email. (You can leave the body of the message blank unless you wish to qualify your agreement, or register a non-agreement).

Copyright licensing terms: The copyright of text, photos, and graphics that you submit for publication in a work by BCRA will not be assigned to the Association but the Association shall retain, in perpetuity, a non-exclusive licence to reproduce the work in any medium. This licence shall extend to the separate publication of individual articles in the work, (and, for Cave & Karst Science, to BCRA's licensing of the content of the journal to database and library services) but not to any other use of your material.

logo

Information for Readers
  Under English law, publications are copyrighted automatically and there is no need to declare copyright. However, most BCRA publications will include a copyright statement. Historically, this statement might simply say, copyright BCRA but the current form of the notice will usually be along the lines of the following text...  
 
Copyright © BCRA. BCRA owns the copyright in the typographical layout of this publication. Additional copyright in the text, photographs and drawings may reside with the authors. Subject to statutory exception, no material may be reproduced by any method without permission of the copyright owners. The authors' opinions are not necessarily endorsed by the editor, nor the BCRA.
 
  The salient point, for users of BCRA's publications, is that the authors are not required to assign their copyright to BCRA. This means that BCRA is not the sole owner of the copyright. If you wish to reproduce articles from BCRA publications you must obtain permission from BCRA and from the authors. BCRA has never obtained a legal form of copyright assignment from its authors so any statement on copyright, even the broadly-worded copyright BCRA must be taken in the above context.  

Information for Writers and Contributors
  Under English law, you own the copyright in your manuscript and this can only be assigned to another owner by written agreement. BCRA does not seek such agreement from you. However, by submitting your manuscript for publication it is obvious that you must be implicitly agreeing to allow BCRA a licence to reproduce your work and, in the absence of any further agreement with you, that licence will be restricted to a British serial right or a British book right as appropriate.  
  BCRA wishes to archive its publications in a way that makes them more accessible to future generations. To allow us the options of shipping our publications on CD-ROM and of making them available on the Internet, we would like to license from you a non-exclusive right to British electronic publication and to Internet publication. The form of the licence, as it will appear in our publications, will be ...  
 
Copyright of text, photos, and graphics that appear in this work will not be assigned to the Association but the Association shall retain, in perpetuity, a non-exclusive licence to reproduce this work in any medium. This licence shall extend to the separate publication of individual articles in the work, (and, for Cave & Karst Science, to BCRA's licensing of the content of the journal to database and library services) but not to any other use of the author's material.
 
  If you have not previously agreed to these new licensing conditions you will be contacted by an editor to confirm your agreement. We do not need a 'signed' statement from you, but we do need a tangible confirmation of your agreement (e.g. an email). If you have previously agreed to these licensing conditions, submission of further material may be taken by us as confirmation that you are still in agreement unless you notify us in writing of any restrictions that you wish to be applied.  
  These arrangements were designed to cope with the majority of written contributions to our publications. However, we are aware that in some circumstances - particularly concerning the use of photographs - some contributors may wish to place restrictions on the scope or duration of the licence, or on the nature of the publication medium (e.g. low resolution copy-protected PDF). These should be discussed with the editor on a case-by-case basis. Another special circumstance concerns the use of cave surveys. A caving club might generate significant income from the sale of a survey so, if you submit a survey for publication, you might wish to restrict its electronic publication to a low-resolution copy or for a specific time period.  
  In these respects all authors should note that our conditions of 'in perpetuity' and 'in any medium' are intended to avoid the need for us to contact authors more than once over the ensuing years and they do not represent a specific demand by us for a broadly-based licence. BCRA is most willing to discuss the matter with those few authors who may require more explicit terms. We recognise the merit in stating our intended use more specifically, and we are working towards providing a more precise statement. However, our plans for electronic publication are still in their infancy, and such a statement requires us to have more specific plans than we do at present.  
  For some publications, BCRA may require additional conditions that cover the licensing or syndication right of the content of the work to database and library services.  
  Please also note that...
  • Submissions (including letters to the editor) are assumed to be for publication unless stated otherwise.
  • It is the author's responsibility to obtain copyright clearance for any third-party material submitted. You should show a copy of our licensing agreement to your source and obtain their written agreement.
 
  In the past, BCRA has issued guidelines to authors that have stated that BCRA will own the copyright of any material submitted. Such a statement is not correct, in law, because copyright can only be assigned by a written agreement. However, by submitting your article, and having it subjected to the normal 'creative' editorial processes, BCRA does create a copyright interest in your published text, but only to the extent that the text has been edited. It is normal practice for the author to seek permission from the publisher to reproduce this edited text, and BCRA will almost certainly agree to this. However, just to stress the point made earlier, BCRA cannot give permission for third-party reproduction because the author's copyright has not been assigned to BCRA in writing.  

Information for Editors
  Copyright statement: BCRA Council has agreed that the copyright statement - in bold above - should appear in the masthead of all BCRA publications in a form that suitably conveys the information.  
  Licensing agreement: BCRA Council has agreed that the licensing statement - in bold above - should appear in the masthead of all BCRA publications in a form that suitably conveys the information. You may, for example, wish to extend it to include the additional text given below.
Submissions (including letters to the editor) are assumed to be for publication unless stated otherwise. It is the author's responsibility to obtain copyright clearance for any third-party material submitted. Guidelines for authors are available. Copyright of text, photos, and graphics that appear in this journal will not be assigned to the Association but the Association shall retain, in perpetuity, a non-exclusive licence to reproduce this journal in any medium. This licence shall extend to the separate publication of individual articles in the work, (and, for Cave & Karst Science, to BCRA's licensing of the content of the journal to database and library services) but not to any other use of the author's material.The Association shall consider any restrictions that the author wishes to apply to this licence, and such restrictions may only be agreed in writing.
 
  Electronic publication: BCRA cannot go ahead with electronic publication unless our authors are in agreement so Council requests that you make your present and future authors (and past authors too, where applicable) aware of these notes and that you ask them to acknowledge agreement (e.g. by email). Please note that - contrary to what has been indicated to you previously - you must obtain an agreement from your authors. It is insufficient to assume their agreement (e.g. "if you do not reply we will assume you agree to our conditions", or "if you submit your article we will assume you agree to our conditions")  
  Orphaned works: On a related point concerning copyright, it would be most wise if you arranged for all photos and graphics to be credited to the author to avoid the situation of 'orphaned works'. See editorialphoto.com/outreachep/orphanworks.asp for further information.  
  Joint publication: BCRA has, on occasion, stated that it is the joint publisher or joint copyright owner of a work. Such a situation requires a legally drawn-up contract to assign ownership of the rights and so Council asks that no copyright statement of this sort is published without referring the matter to them.  

Further Reading
  If you write or take photos professionally - i.e. not for BCRA which does not pay usually for material - then you might find these links interesting...
LondonFreelance.Org: A few things you should know about copyright
Association of Photographers: copyright for clients
Editorial Photographers: orphan works proposal
 
  For information about legal deposit see
Legal Deposit Libraries Act 2003 and
Explanatory Notes to Legal Deposit Libraries Act
 
  A good explanation of copyright law is given in
Fact sheet P-01: UK Copyright Law
 
  You may also be interested in CopyLeft, and in the Uncyclopedia's explanation of copyright, including copywrong, copyleft, copywrite, copyup, copydown, copyßoon, copyinverse, copyforward, copybackward, copylater, copyrecently, and copynever.  

 This page was drawn up by David Gibson on behalf of BCRA Council on 26 April 2006. The date in the page footer represents a 'last edited' date (which may include cosmetic edits) but any substantial changes to the important bits of the text will be documented in the following text. Substantial changes: none



British Cave Research Association (UK registered charity 267828). Registered Office: The Old Methodist Chapel, Great Hucklow, BUXTON, SK17 8RG
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This page, http://www.bcra.org.uk/copyright/index.html was last modified on Wed, 23 Dec 2009 10:34:08 +0000