Before you begin your survey please read this document carefully because it describes the terms under which RCAHMS will accept your records and care for them in the future. Instructions on how to submit your digital records to RCAHMS collections using the form on the SRP website are contained in our online form guidance notes. RCAHMS has also prepared guidance notes on using CANMORE.
As volunteers, we appreciate that groups participating in SRP will commit a great deal of their own time and effort to the surveying of sites and the creation of associated survey records. In this document we describe the steps that RCAHMS will take to distribute and care for these records in perpetuity. We also outline the steps we require you to take in order for RCAHMS to meet its obligations. This will involve both parties signing agreements: this document is intended to help explain why these agreements are required and what they will mean for you and your group. We realise that the terms of transfer may raise concerns and questions. You will find answers to the key issues in the second part of this document, but if you have any further queries please contact us (email firstname.lastname@example.org or telephone 0131 662 1456).
All sources must be properly referenced and copyright owners fully acknowledged – please see our document, Writing Reports, for further details.
N.B. Your permission to use modern Ordnance Survey maps and material from the National Library of Scotland and SCRAN websites has been specially arranged by SRP, and only extends to reports created for your own use and for transfer to RCAHMS. If you wish to use this material for any other purpose you must seek permission from the copyright owners.
Please check with us if you are unsure about the copyright status of any sources you may wish to use.
Intellectual property rights are defined in the Copyright, Designs and Patents Act 1988. In simple terms, the Act recognises that people have rights over work that they create, whether it is a piece of art, a photograph, a piece of writing, or an idea. It says that people have a right to be acknowledged for any works they have created and defines how long this right should last - different terms apply to different types of records, created at different times. Works cannot legally be copied without the consent of the owner of these rights.
This makes it much easier for RCAHMS to care for the records in the long-term and make them available for others to use, both now and in the future.
Original material that you produce during your SRP project is your copyright. This includes digital photos, scans of your own plans and sketches, and written reports. When RCAHMS makes this information available via the Internet it is effectively publishing it. In order to publish material in any format (including digitally), we must first have permission from the copyright owners to do so.
While copyright of every original piece of material (i.e. each photograph, each plan etc) belongs to the person who has created it, SRP projects involve much group work and identifying each unique portion may prove personally and legally difficult. This problem will be compounded in the future as groups may cease to exist and members may lose contact: if we cannot trace copyright owners in the future, this will severely restrict the uses which can be made of your records.
RCAHMS will not benefit materially from the transfer of rights and will not prevent the group or group members from using the records they have created. The transfer agreement is very broad-based and is intended to cover as many likely uses as possible (see below for full details).
By transferring the rights in your records, RCAHMS can accept responsibility for curating your records in perpetuity and ensuring their long-term accessibility. It will also make them available to a wide audience and respond to any requests to copy and distribute copies to third parties.
Ideally it should be signed by everyone who has participated in the project and in the creation of records. Alternatively, you may find it easier to nominate one or two individuals to sign the assignation on behalf of the group - but this will only be legal if everyone consents to this arrangement and it is the responsibility of the group to gain this consent.
Yes, if they wish, but the assignation must also be signed. Do also bear in mind that it would only be appropriate for individuals to sign a piece of work if it was wholly their own individual work.
Yes, although RCAHMS will own the copyright of the records you created, it will acknowledge your group as the creator in any future publication of the work - this includes copies which will be accessed via Canmore. In order for us to do this, it is important that the name under which your work is acknowledged is agreed by all members of the group and reflects the group involvement. In most cases this will be the name of your group or your SRP project. It is the responsibility of the group to gain this agreement, ideally in writing.
RCAHMS will confer a perpetual non-exclusive licence to all members of the group which will allow records created by the group to be used freely for study, research and publication. The licence will also allow for these records to be supplied to Sites and Monument Records (SMRs) or Historic Environment Records (HERs). In all cases, the records must be used with appropriate attribution.
'Perpetual' means that the license will last forever.
'Non-exclusive' means that RCAHMS retains the right to grant licenses to anyone. N.B. The license does not permit your group or members of your group to issue licenses to others.'Publication' includes
This list is not exhaustive - if you are unclear whether an intended use is covered under the terms of the agreement, please contact us to check.
In all your publications please remember that you should only include your material and that which you have copyright permission to use. The license which RCAHMS grants will only apply to the records which you have created and does not extend to the use of third party material such as digital records from the National Library of Scotland, SCRAN and other websites, or to modern Ordnance Survey mapping. If you wish to make further use of this material, you must contact the copyright owners for permission.
'With appropriate attribution' means that if you publish the records or distribute them in other ways, you must acknowledge RCHAMS as the copyright owner. N.B. If you give copies of the records to your local SMR or HER you must also inform them that RCAHMS is the copyright owner and ask them to acknowledge appropriately.
No, the license permits you to use the records without consulting RCAHMS.
Yes, you may. If they were to be published by the competition organisers, they should acknowledge RCAHMS as the copyright owner and you as the creator.
No, the only time that charges may be incurred is if you lose your copy of the record(s) you wish to use and have to request a copy from RCAHMS. In this instance, you would have to pay only for the cost involved in making the copy.
Up to the point of assignation, rights in your group's records are not owned by RCAHMS and you can do what you wish with them. You should however, be careful not to distribute work which contains parts belonging to others, as that would not be legal. After assignation, we give you the right to publications - a publication in legal terms is a distribution of a copy. Giving to a friend or colleague is a type of publication since you are giving them a copy to read and enjoy but this does not give rights to the recipient for future distribution, sale or publication.
N.B. the assignation agreement refers only to the digital material which you transfer to RCAHMS. So, copyright in your original survey plans and sketches will not be affected.
The transfer agreement and license only relate to material which is to be transferred to Canmore (thereby becoming part of RCAHMS' collections). Images and other information posted on the project pages remain your/the groups' copyright.
Contact the SRP team to discuss your concerns. If you are still not happy after discussing this with us, we will try to find an alternative way for your records to be transferred to RCAHMS. If we are not able to reach a suitable arrangement you can still participate in SRP, without transferring your records to RCAHMS.