Copyright

Copyright is an intellectual property right that protects original works, including written, dramatic, musical, moving image, sound, and artistic works.

Many items in our collections are protected by copyright. Protection reserves the right to undertake or authorise certain acts to the copyright owner(s), who is normally the creator or author of the work in the first instance. The acts restricted by copyright are:

• Copying the work, including any activity that recreates a work, such as photocopying, photographing, or transcribing text,

• Issuing copies of the work to the public,

• Renting or lending the work to the public,

• Performing, showing or playing the work in public,

• Communicating the work to the public,

• Making an adaptation of the work.

A copyright owner can allow others to do some of these things, for example through licensing. Limited use of material may also be permitted under an exception to copyright.

For information about copyright duration see the National Archives copyright duration chart for crown copyright (PDF) (1 page; 430 KB) and the National Archives chart for non-Crown copyright (PDF) (1 page; 221 KB).

For more information about copyright regarding our maps, see our Maps copyright page. Maps published by the United Kingdom government departments (e.g. Ordnance Survey maps) and other material created by the UK government fall under Crown Copyright.

Re-use

Re-using material means doing things beyond simple viewing, reading, or watching. Re-use can include:

• publishing digital images,

• extracting quotes,

• using data,

• or reproducing parts of works.

Your ability to re-use will depend on the nature of the material, its copyright status, and your purpose.

Definition of commercial re-use

The following definitions apply to the terms 'commercial' and 'non-commercial' in relation to re-use of still images and other non-moving image materials.

Solely for the purposes of re-using still image and other non-moving image materials held by the Library the following definitions normally apply. Where specified, different definitions may apply to certain materials:

• Commercial re-use means re-use that is intended for or directed towards commercial or business advantage or monetary compensation

• Non-commercial re-use means re-use that is not intended for or directed towards commercial or business advantage or monetary compensation and re-use that is of a small and/or limited commercial nature as specifically outlined on this page.

These definitions apply to everyone, irrespective of whether you are an individual or are requesting on behalf of a company, not-for-profit, or other organisation. The distinction between commercial and non-commercial relates to the particular re-use that is intended, not the identity of the requester.

Examples of re-uses that are considered commercial:

• Use in or for journals, books, websites, e-publications, apps, magazines, or other publications that are charged-for, advertising-supported, or intended for business or commercial promotion except as outlined on this page

• Use in or for exhibitions, shows, events, or similar that are charged-for, advertising-supported, or intended for business or commercial promotion except as outlined on this page

• Use in or for media or news reporting that is charged-for, advertising-supported, or intended for business or commercial promotion except as outlined on this page

• Use in or for films, DVDs, CDs, downloads, or other encodings that are charged-for, advertising-supported, or intended for business or commercial promotion except as outlined on this page

• Use in or for broadcasts or television shows (whether online or otherwise)

• Use in or for products, goods, or services that are charged-for, advertising-supported, or intended for business or commercial promotion

• Use in or for advertising, marketing, or promotional material.

Examples of re-uses that are considered non-commercial:

• Use in or for journals, books, websites, e-publications, magazines, or other publications, including those that are charged-for or advertising-supported, with a total print or production run of 500 or fewer copies (in all media) over five years

• Use in or for exhibitions, shows, events, or similar, including those that are charged-for or advertising-supported, with a projected or planned attendance or capacity of 500 or fewer people in one year

• Use in or for media or news reporting, other than broadcasts and television shows (whether online or otherwise), that is charged-for or advertising-supported with a total print or production run of 200 or fewer copies (in all media) per issue

• Use in or for classroom instruction, virtual learning environments, educational courses (whether in person or remote), educational projects, and theses.

Some discreet items and collections are not covered by these definitions, because of terms of ownership, deposit or contract that may restrict how we enable re-use, especially for 'commercial purposes' (interpreted widely).

In particular, a number of map collections are not covered by these definitions. These are listed on our maps website.

We will advise on a case-by-case basis when handling requests to re-use these excluded materials. However, in general any charged-for or broadly 'commercial' re-use of these items will be conditional on payment of permission fees.

Exceptions to copyright

'Exceptions to copyright' allow limited re-use of works that are in copyright. The copyright owner's permission is not required, but you need to be certain that your use and purpose are covered by a valid exception. There is a defined list of exceptions, which is set out in copyright legislation.

Even if an exception applies, sometimes other factors may limit re-use (for example, the work's physical condition).

Many exceptions are based on 'fair dealing'. Fair dealing is a qualification and requires that a person using a work considers whether their actions are truly fair to the copyright owner.

Some exceptions are only valid with works that have been made available to the public. For the purposes of exceptions to copyright, being available for consultation in a library reading room does not constitute 'making available to the public'. But publication does constitute 'making available to the public'

Questions to consider:

1. How would a fair-minded and honest person deal with the work(s)?

2. Will your actions affect the market for the original?

3. Is the amount you are using no more than is necessary for your specific purpose?

4. Are you using a reasonable, appropriate, and limited amount of the work?

Things that will help something be considered fair:

• Using less of the work

• Clear attribution of the item, author, and source

• Uses that do not compete with the copyright owner’s use of the work and the copyright.

Here is a list of where exceptions may apply:

Fair Dealing exceptions for specific uses

• Research and private study: Non-commercial research or private study is allowed if acknowledgement is provided. This applies to any type of work (section 29).

• Criticism, review and quotation: Fair dealing applies if the work is already published and acknowledgment is given (section 30).

• Illustration for instruction: Non-commercial instructional use is allowed with acknowledgment. It applies to any type of work (section 32).

• Caricature, parody & pastiche: Creative reinterpretation of a work is allowed. This exception covers any type of work (section 30A).

Non-Fair Dealing exceptions

• Text & data analysis: Copying is permitted for computational analysis in non-commercial research, provided the user has lawful access. This applies to any type of work (section 29A).

• Reporting current events: Any type of work except photographs may be used for reporting. (section 30).

• Disability copies for personal use: A disabled person with lawful access may create an accessible copy if their disability prevents them from enjoying the work to the same degree as a non-disabled person. This exception does not apply if a commercial version exists. Another person can make the copy for them. This exception applies to any type of work (section 31A).

• Parliamentary & judicial proceedings: Copyright is not infringed when the work is used in legal or governmental proceedings. This applies to any type of work (sections 45-46).

Permission

You need to seek permission from the copyright owner(s) before you can copy or re-use the work if:

• a work is in-copyright,

• there is no 'exception to copyright' that allows your intended re-use, and

• we haven't made a copy of the work available under a suitable licence (see 'Statements and licences' for more information).

Copyright owners can choose whether or not to give permission. They may ask for a fee in exchange for granting permission and may place restrictions on the permission they grant. Copyright owners may also choose to withhold permission.

We can't seek copyright permission for you. If you require copyright permission, you need to seek it yourself. We may choose not to provide you with copies until you demonstrate that you have permission.

Fees

There are fees for both the Library to make copies of an item for you, and licencing fees for reusing material such as moving images or maps.

See our re-use fees guide

See how we calculate our fees

The Library is subject to the Re-use of Public Sector Information Regulations 2015 (PSI Regulations). The PSI Regulations help to determine how and under what conditions you can expect to re-use the public information that we hold. In general, we enable re-use for any purpose. More information is available on the 'Public Sector Information (PSI)' page.

Many works in our collections and exhibitions may be photographed for personal, non-commercial purposes and in compliance with copyright and other restrictions.

We often display works that are in copyright. You need permission from copyright owner(s) to take or share images of in copyright works, or you need to rely on a valid exception to copyright. You are responsible the images you take and for ensuring your use does not infringe copyright. See our re-use, exceptions, and permissions section for guidance.

More detailed information on taking photographs in our reading and access spaces is available in the self-service photography terms of use and guidance (Word document) (261 KB; 21 pages).

Commercial photography and filming is not permitted without authorisation. Please contact marketing@nls.uk.

We make all reasonable efforts to ensure that use of materials by or within the Library is done in accordance with copyright legislation. However, due to the complexity of copyright regulations and the scale of our collections, it is not possible for us to guarantee that all rights have been assessed or that assessments are correct.

See our Takedown policy (PDF) (35 KB; 2 pages) and if you consider that your intellectual property rights have been infringed by us, you can email copyright@nls.uk.

Copyright statements describe the copyright status of a work. We provide copyright statements when we publish digitisations of our collections, datasets, interpretive content, and our own publications.

We don't usually provide copyright statements with original items in our collections. This means you won't find copyright statements in our catalogue records or when you view materials in our reading and access spaces. We describe the various statuses here.

Copyright statuses of items in our collections

Out of copyright original works

If a work is not in copyright, you can normally re-use it without restriction and without permission.

Sometimes, we limit the re-usability of out-of-copyright works, for example if an item is fragile or contains personal or sensitive information.

Digitisations

Most works that we digitise are out-of-copyright. We publish copyright statements with our digitisations. The statements explain how the digitisation may be re-used. In most cases, material may be re-used without permission.

Faithful copies have the same copyright status as the original that they reproduce. To the extent that copyright or related rights subsist in the digitisation layer, we hereby waive these rights with the Public Domain Dedication (CC0).

Metadata and enrichments

We normally make our metadata and enrichments available under the Creative Commons Public Domain Dedication (CC0) or Creative Commons Attribution (CC BY) licence. We publish datasets of our metadata on our Data Foundry, where you can find copyright information for each dataset.

Enrichments are additions to existing works. We own the copyright in enrichments we create.

Non-collection material

We create non-collection material, such as reports, policies and guides. We own the copyright in this material.

We normally make our non-collection material available under the Creative Commons Attribution (CC BY) licence. If you are unsure about the copyright status of an item, please contact us.

Maps

Maps in our collections fall under both Crown and non-Crown copyright. See our Maps copyright page for more information.

This website

Our websites and other non-collection materials, such as our corporate documents, are normally protected by copyright.

Unless otherwise specified, non-collection material (excluding images, logos and branding) is copyright National Library of Scotland and available for re-use under the Creative Commons Attribution 4.0 International Licence.

Rights statements

Rights statements describe our best understanding of a work's copyright status. These statements describe whether a work is in copyright, out of copyright, or unclear. We use statements from RightsStatements.org and from Creative Commons. 

In copyright

• In Copyright – This statement means the work is protected by copyright. Re-use is limited.

• In Copyright – Rightsholder(s) Unlocatable or Unidentifiable: This means that copyright applies, but the owner(s) have not been located. Re-use is limited.

See our 'Re-use and permission' section for more information about exceptions and permissions. 

Out of Copyright

• Public Domain Mark – The work is not protected by copyright. Re-use is permitted, even for commercial purposes.

• No Copyright – Contractual Restrictions – The work is not protected by copyright, but there are contractual restrictions that limit how you may re-use it.

• No Copyright – Non-commercial Use Only – The work is not protected by copyright, but there are restrictions that permit non-commercial re-use only.

Unknown Copyright Status

• Copyright Not Evaluated – The copyright status is unclear, and we haven’t taken detailed steps to determine the copyright status. Re-use with caution or conduct research into the rights holders.

• Copyright Undetermined – This statement means the copyright status of the work is unclear, despite our efforts to confirm its status. Re-use with caution or conduct research into the rights holders.

• No Known Copyright – This statement means we have good cause to believe the work is not in copyright, but we cannot be certain. Re-use with caution or conduct research into the rights holders.

Licences

Copyright licences permit the re-use of in copyright works. We can only apply copyright licences when we own the copyright or have been given permission to issue licences by the copyright owner(s).  

 Creative Commons Licences

These licences allow free distribution of copyright works within certain parameters, specified in the title. Those featured on our website are:

• Creative Commons Attribution (CC BY) – This permits re-use for any purpose, including commercially. You need to attribute the original work and its creator(s) and cite the licence. You do not need to seek further permission to re-use the work. 

• Creative Commons Attribution Non-Commercial Share Alike (CC BY-NC-SA) – This licence allows you to re-use the work for non-commercial purposes only. You need to attribute the original work and its creator(s) and cite the licence. You do not need to seek permission to re-use the work, unless you want to re-use it commercially. 

National Library of Scotland Licence

• National Library of Scotland Content Licence – This licence allows commercial re-use of an in-copyright work. You only need to complete a content licence if you’ve been asked by us to do so. This licence is only necessary if you want to commercially re-use an in-copyright work that is not already licensed for re-use.  Before considering this licence, please contact us.

Other Licences

• Open Government Licence – This permits re-use of UK public sector work for any purpose, including commercially. You need to attribute the original work and its creator(s) and cite the licence. You do not need to seek further permission to re-use the work.

• Public Domain Dedication (CC0) – This statement dedicates the work to the public domain, by waiving all copyright and related rights in the work. The work may be re-used as a work that is not protected by copyright. 

Out of date statements

Older materials on our websites may have outdated or incorrect copyright information, such as:  

• Some NLS microsites state that all material is copyright National Library of Scotland. This may no longer be accurate. 

• Some digitised material may have a Creative Commons licence, in particular a Creative Commons Attribution Non-Commercial Share Alike (CC BY-NC-SA) licence or, less often, a Creative Commons Attribution (CC BY) licence, which may no longer be accurate. However, sometimes these licences are accurate. 

• Older digitised material may have incorrect Creative Commons Licences applied to them (Creative Commons Attribution Non-Commercial Share Alike (CC BY-NC-SA) licence or a Creative Commons Attribution (CC BY) licence).

If you are unsure about any of the statements, licences or copyright information we have provided, please contact us for clarification.

Each of our fees are calculated in accordance with the PSI regulations and our charging policy. Our calculation is:

Staff costs + relative indirect and overhead costs + reasonable return on investment

How we calculate still image permission fees

Our direct costs are staff time required for the dissemination, preservation, and rights clearance of materials. Our indirect and overhead costs, which include building and management costs, are calculated in relation to our direct costs for permissions.

Our direct and indirect costs, therefore, relate only to permission activities and not to the Library's other functions:

How we calculate still image reprographic fees

Reprographic charges are separate from permission fees for images, so are only payable when these costs are incurred through your request.

For example, you will not face reprographic charges if you already have access to the material in the form and format you require.

Our reprographic charges are calculated in relation to our direct and indirect and overhead costs. Our direct costs are the collection and reproduction of content, including material supplies. Our indirect and overhead costs, which include building and management costs, are calculated in relation to the direct costs of reprographic work. Our direct and indirect costs, therefore, relate only to reprographic activities and not to the Library's other functions:

How we calculate moving image and sound fees

Our direct costs are staff time required for the dissemination, preservation, and rights clearance of materials as well as the attributable costs of:

• Master film storage

• Digital tape storage of surrogates

• Digital storage of access files.

Our indirect and overhead costs, which include building and management costs, are calculated in relation to our direct costs. Our direct and indirect costs, therefore, relate only to permission activities and not to the Library's other functions.

This guide is not intended to be, nor act as a replacement for, legal advice or official guidance. If you are in doubt about your use it is always best to check first, by visiting the official UK Government exceptions to copyright guide, speaking with a member of staff, consulting the Copyright Act or contacting copyright@nls.uk.