Copyright

COPYRIGHT POLICY

ROYAL ARMOURIES WEBSITE AND COPYRIGHT USE STATEMENT

Royal Armouries wants to excite people about arms and armour and it therefore strives to make it as easy as possible to for the public to Use its Content where practicable.

The IPR in all Content comprising or contained within this Royal Armouries website is owned by Royal Armouries, the Crown and other copyright owners as indicated. The Royal Armouries has a delegated authority from the Controller of Her Majesty's Stationary Office to administer Crown Copyright in Content that it holds in its archives.

The following document sets out the Royal Armouries' policy on the Use that may be made of this Content.

Definitions

Throughout this document and in the Appendices attached to it the following terms shall have the meanings given beside them:

Attribution means a copyright attribution in the form of "© [copyright owner's name][year Content was created]" followed by the words "Contains Royal Armouries information licensed under an adapted version of the Non-Commercial Government Licence. For further details visit www.royalarmouries.org and the terms Attribute and Attributes shall be construed accordingly
Commercial Use means any Use that is not a Non-Commercial Use
Content means text, information, images, photographs, film, sound recordings and software
Crown Copyright means the copyright the first owner of which is Her Majesty by virtue of the fact that the Content in which such copyright subsists was made by Her Majesty or by an officer or servant of the Crown in the course of his or her duties
FOI Regime means the regime set out under the Freedom of Information Act 2000
IPR means all patents, trade marks, trade names and domain names, service marks, rights to inventions, copyright and related rights, rights in get-up, rights in goodwill, unfair competition rights, rights in designs (whether held in physical or electronic format or otherwise howsoever), database rights, rights in confidential information (including know how and trade secrets) and any other intellectual property rights (both existing and future), in each case whether registered or unregistered and including all applications (and rights to apply) for, and renewal or extensions of, such rights and similar or equivalent rights or forms of protection in any part of the world
Non-Commercial Use means Your Use of Content in good faith on a temporary basis for the purposes of personal or private viewing, interaction or listening as further described in the section below entitled "What does Non-Commercial Use mean?"
Our Crown Copyright Content means Content in the possession of the Royal Armouries in which Crown Copyright subsists
Royal Armouries means the Board of Trustees of the Armouries based at the Royal Armouries Museum, Armouries Drive, Leeds, LS10 1LT and references to We, Our or Ours in this document or its Appendices shall be construed as references to Royal Armouries
RPSI Regime means the regime set out under the Re-use of Public Sector Information Regulations 2015
Third Party means a person or entity that is neither You, Royal Armouries nor the Crown
Use means the accessing, storing, copying, quoting, reproduction, extraction, re-utilisation, broadcast, public performance or the making available to the public by any means of all or any substantial part of the Content in question
You means the person or legal entity seeking to Use Content and the terms Your and Yours shall be construed accordingly

Overview of Your rights to Use Content

You may:

  • make Non-Commercial Use of Royal Armouries Content with only a few exceptions provided that You fully adhere to the terms and conditions set out at Appendix One
  • make Non-Commercial Use and/or Commercial Use of Our Crown Copyright Content with only a few exceptions provided that You fully adhere to the terms and conditions set out at Appendix One
  • make Commercial Use of Royal Armouries Content provided that you enter into a written contract with Us substantially on the terms and conditions set out at Appendix Two and fully adhere to those terms and conditions

Restrictions on Your Use of Content

In all cases You may not:

  • make any Use of Content where it has been clearly indicated that the IPR belongs to Third Parties other than the Crown (if You wish to contact the rights holder please contact Our Image Library and We will try to help. Naturally, Our resources are finite and there are restrictions on Our capacity to undertake extensive research projects, for free but We will do all we reasonably can to help);
  • Use Royal Armouries Content or Our Crown Copyright Content in any way that might bring the Royal Armouries into disrepute, including any Use in pornography, in association with violent or political agendas, in order to incite hatred or in any manner that is contrary to UK law or Our reasonable expectations in protecting Our brand and reputation; or
  • Use Royal Armouries Content or Our Crown Copyright Content in a way that We may reasonably judge trivialises, sensationalises, inappropriately de-contextualises or demeans the subject matter.
  • present inaccurate or distorted reproductions, colour treatments, alterations or adaptations of Content except where other terms specifically permit this
  • publish any translations or transcriptions of Content, except where other terms allow it
  • falsely attribute authorial or copyright credits
  • remove any Royal Armouries metadata from digital file formats
  • undertake any unauthorised text/data mining of Content and metadata
  • use the Royal Armouries' logo, brand identities or trademarks without Our prior written consent
  • use the Content in a way that suggests that You enjoy any official status within Royal Armouries or that We support or endorse your goods, services or principles.

What does Non-Commercial Use mean?

In principle, any Use of Content that is not intended for or directed toward commercial advantage or private monetary compensation or otherwise the furtherance of professional or commercial agendas is likely to be ‘Non-Commercial'. For the avoidance of doubt Royal Armouries may consider the following Uses of Our Content or Our Crown Copyright Content as Non-Commercial Use:

  • non-commercial research
  • private study
  • lawful and honest criticism and review
  • Use within an educational establishment (such as a school, college or university) such as in free educational lectures and classes
  • for the purposes of an educational examination, by a recognised UK exam authority downloading Royal Armouries film and sound recordings for offline listening or viewing for personal use (format shifting)
  • downloading and printing of Royal Armouries learning content and whiteboard resources for non-commercial educational use
  • embedding links to Royal Armouries film and sound recordings in free to access newsfeeds, blogs, news or general information websites or on social media, where embedding is offered
  • embedding or loading Royal Armouries news feeds (RSS)

Statutory exceptions to copyright also apply in certain situations. It is Your responsibility to satisfy Yourself that an exception (such as fair dealing criticism and review, quotation, or reporting a current event) applies. These terms and conditions do not seek to limit your statutory rights.

What does Commercial Use mean?

The basic rule is that all Use that is not Non-Commercial Use will be Commercial Use. If You have any doubt as to whether Your intended Use is a Commercial Use or not it would be sensible to assume that it is Commercial Use and get in touch with Us.

When You are charging for whatever it is that Uses Content or if You Use Our Content to promote a business or commercial endeavour which does charge (regardless of whether a profit or surplus is made) you will need to apply to Us for a Commercial Use license in the form attached at Appendix Two.

As well as obviously commercial activities such as merchandise production, Use of images, film or sound editorially in films or on television, in publications that are sold, in advertisements and commercial promotions, the Royal Armouries would usually regard the following uses of Content as Commercial Uses:

  • use online or in print by commercial organisations, including (for the avoidance of doubt) trading arms of charities
  • use on an individual's website in such a way that adds value to their business, or for promotional purposes, or where offering a service to third parties (including social media)
  • use by university presses in publications online or in print
  • use in publicity and promotional material connected with commercial events
  • unsolicited use of images by news media, including front covers and centre-page spreads
  • use in commercial publications
  • use in company or charity annual reports
  • use in compilations of past examination papers
  • use by commercial galleries and auction houses
  • use by universities for student or staff recruitment or business development

Under charity law, conflicts can arise when one charity is seen as assisting another. Therefore Royal Armouries needs to treat other charities (and their trading arms) as if they were "commercial" organisations.

In some cases, for example where We receive a request for the Commercial Use of Our Content or Our Crown Copyright Content in computer games, permission to make Commercial Use will be subject to the approval of the Royal Armouries ethics committee who will decide if the Use requested complies with the principles set out in this document and is otherwise lawful and appropriate. The decision of the Royal Armouries ethics committee is final.

What rates will You be charged for the Commercial Use of Our Content?

Our standard rates for the Commercial Use of Royal Armouries Content can be found here [provide hyperlink].

RPSI Regime

The Royal Armouries is subject to the RPSI Regime and is committed to complying in full with its obligations under that regime and to go further and embrace obligations under that regime that are optional rather than compulsory.

For the purposes of the RPSI Regime:

  • details of the Royal Armouries' public task can be found on the Royal Armouries website.
  • the Content comprising or contained within this Royal Armouries website should be regarded as an information asset list setting out the Content available for Use under the RPSI Regime.

Royal Armouries Contact details

General advice

If You would like to ask for general advice about Using Our Content or Our Crown Copyright Content please contact:
library@armouries.org.uk

Use of Content

Requests for ‘Non-Commercial Use', ‘Commercial Use' and ‘Crown Copyright' licences should be directed to:
licensing@armouries.org.uk

Requests under the FOI Regime

For requests under the FOI Regime please contact:
foi@armouries.org.uk

Complaints and redress

For complaints and redress in relation to this policy or any act or omission of Royal Armouries please contact:
malcolm.duncan@armouries.org.uk

Brand licensing

For all other questions about licensing Our IPR please contact:
licensing@armouries.org.uk

ROYAL ARMOURIES WEBSITE TAKEDOWN POLICY

Royal Armouries is committed to respecting the IPR of others and in making Content available online Royal Armouries acts in good faith. We have therefore taken reasonable efforts to ensure that the reproduction of all Content on the pages of the Royal Armouries website is done with the full consent of the IPR owners. However, despite these safeguards, We recognise that from time to time and in error, Content published online may be in breach of IPR, contain sensitive personal data, or include material that is obscene, blasphemous or defamatory or which incites hatred. On receipt of an appropriate request to takedown Content from Our websites, the Royal Armouries will respond by removing the Content in question as soon as reasonably possible. Requests will then be assessed by a review panel who will consider each request on its merits. The panel will aim to respond definitively within four weeks, but may require additional time to seek external advice where appropriate.

The panel may approve continued withdrawal of the Content if one or more of the following criteria are met:

  • the Content is subject to valid and enforceable IPR, and the rights-holder refuses permission for it to be made available online
  • the Content is personal information about a living person and continued online access would be unlawful or unfair to him/her under the Data Protection Act or would breach his or her family's right to a private and family life under the Human Rights Act 1998
  • the Content is personal information about a deceased individual that requires closure or restriction in accordance with RA's Personal Data Policy
  • the Content is defamatory, obscene, blasphemous or which incites hatred in a manner that is unlawful
  • the Content acquires sensitivity by virtue of being made available online

All takedowns will be signalled openly on this website.

Where Content is removed for reasons of Data Protection or sensitivity, its removal will be considered as temporary and will be restored at a date decided by the Panel once its sensitivity is deemed to have subsided. Where Content is removed for reasons of IPR infringement, its removal will be considered as lasting until such time as IPR in the Content expires, or until the rights-holder agrees that the Content can be reinstated.

To contact us about removal of Content, please email the Senior Information Risk Owner at siro@armouries.org.uk, or write to the following address:

Senior Information Risk Owner (SIRO)
Royal Armouries
Armouries Drive
Leeds
LS10 1LT
United Kingdom

Appendix One

Non-Commercial Licence (and Crown Copyright Licence)

Scope

You are encouraged to Use:

  • Content in which Royal Armouries owns the IPR; and
  • Our Crown Copyright Content upon the following Terms and Conditions and when you make any Non-Commercial Use of Our Content, or make any Use of Our Crown Copyright, which is not otherwise permitted by law You will be deemed to have accepted these Terms and Conditions by Your conduct.
  • Download or link to a PDF version of the Non-Commercial Image Licence

If You do not accept these Terms and Conditions please refrain from making any Non-Commercial Use of Our Content or any Use of Our Crown Copyright Content, which is not otherwise permitted by law.

These Terms and Conditions incorporate the definitions and other provisions set out in the main body of this Royal Armouries Website and Copyright Use Statement.

Your Non-Commercial Use Licence in respect of Our Content

Royal Armouries grants you a worldwide, royalty-free, non-exclusive licence to make Non-Commercial Use only of the Content in which Royal Armouries owns the IPR subject to the conditions below. The Royal Armouries reserves the right to terminate this licence upon reasonable notice.

For the avoidance of doubt, where the Royal Armouries owns the IPR in any Content You are not permitted to exercise any of the rights granted to You by this licence in any manner that is primarily intended for or directed toward commercial advantage or private monetary compensation or gain.

Your Licence to Use Our Crown Copyright Content

Royal Armouries grants you a worldwide, royalty-free, non-exclusive licence to make Commercial Use or Non-Commercial Use of Our Crown Copyright Content subject to the conditions below. The Royal Armouries reserves the right to terminate this licence upon reasonable notice.

The rest of this licence applies to your Non Commercial Use of Our Content and all use of Our Crown Copyright Content.

You must not do anything which is prohibited under the section of this document entitled "Restrictions on Your Use of Content".

You must, where You make any Non-Commercial Use of the Our Content or any Use of Our Crown Copyright Content:

  • acknowledge the source of the Content by including an Attribution provided that if you are using Content from several rights owners and sources and therefore listing multiple attributions is not practical in your product or application, you may include a URL or hyperlink to a resource that contains the required attribution statements
  • ensure that where Content is Used the source of the Content is also identified alongside the Attribution, e.g. ‘Title, Artist, Date of Work, Photo'
  • ensure that any onward licensing of the Content - for example where You permit Your work which includes reference to Our Content or Our Crown Copyright Content alongside other Content to be Used by Third Parties - is also subject to these terms

These are important conditions of this licence and if You fail to comply with them or make Commercial Use of Our Content without Our prior written consent the rights granted to you under this licence will terminate automatically.

Exemptions

This licence to make Non-Commercial Use of Our Content and/or Commercial Use and Non Commercial use of Our Crown Copyright Content along with Our licence to make Commercial Use of Our Content does/will not cover the Use of:

  • any personal data within the Content
  • any information that has neither been published nor disclosed to You under information access legislation (including the FOI Regime) by or with the consent of the Royal Armouries
  • departmental or public sector organisation logos, crests, military insignia and the Royal Arms except where they form an integral part of a document or dataset within Our Content
  • Third Party IPR (other than Our Crown Copyright Content) which the Royal Armouries is not authorised to license
  • identity documents such as the British Passport.

No warranty

The Content is licensed ‘as is' and the Royal Armouries excludes all representations, warranties, obligations and liabilities in relation to the Content to the maximum extent permitted by law.

The Royal Armouries is not liable for any errors or omissions in the Content (including errors or omissions resulting from Our negligence) and shall not be liable for any loss, injury or damage of any kind caused by its Use. The Royal Armouries does not guarantee the continued supply of Content.

Governing Law

This licence is governed by the laws of the jurisdiction of England & Wales.

About this Licence

The Royal Armouries has adapted this licence from the Non-Commercial Government Licence developed by the Controller of Her Majesty's Stationary Office. The Controller may, from time to time, issue new versions of the Non-Commercial Government Licence. However, You may continue to Use Content licensed under this version should you wish to do so.

Further context, best practice and guidance can be found in the UK Government Licensing Framework section on The National Archives Website

Appendix Two

Commercial Use Licence

Commercial Use licenses are issued by the Royal Armouries Licensing department and any such licence will specify the specific terms of Your licence including rates, territory and term. The following Royal Armouries Licensing Terms and conditions will apply to all Commercial Use licences involving the Use of Content in which Royal Armouries owns the IPR but please note that this Appendix does not confer upon You any right to make any Commercial Use of Our Content as any such licence must be agreed and signed by both You and Royal Armouries.

Image, Sound and Film Licence requests should be directed to:

licensing@armouries.org.uk

Postal requests must be addressed to:

Licencing Department
Royal Armouries
Armouries Drive
Leeds
LS10 1LT
United Kingdom

Telephone: +44 (0) 113 220 1832
Fax: +44 (0) 113 220 1871

Terms and Conditions

  1. These Terms and Conditions incorporate the definitions and other provisions set out in the main body of this Royal Armouries Website and Copyright Use Statement.
  2. Royal Armouries will grant you a non-exclusive licence to make Commercial Use of the Content in which Royal Armouries owns the IPR subject to the conditions below and otherwise set out in the licence that We and You enter into. For the avoidance of doubt, Royal Armouries will not grant You an exclusive licence to Use its Content.
  3. You must not do anything which is prohibited under the section of this document entitled "Restrictions on Your Use of Content".
  4. The Royal Armouries reserves the publication right in all Content made available through its Image Library, whether or not they have been previously published in any form and to the extent that You generate any such publication right through Your Commercial Use of Our Content You shall assign all such publication right to Us and We shall licence it back to You on these terms.
  5. The sections in Our Non-Commercial Licence (and Crown Copyright Licence) entitled "Exemptions", "No Warranty" and Governing Law" in shall apply equally to Your licence to make Commercial Use of Our Content.
  6. The Royal Armouries operates a pro-forma invoicing system and payment must be received before any Content or permissions are sent. Payment should be made within 30 days of invoicing, and failure to do so will automatically result in the cancellation of any licence, discounts or special agreements.
  7. Cheques must be made payable to The Royal Armouries in sterling. The Royal Armouries can also accept payment by Visa or Mastercard.
  8. On full payment of the invoice, reproduction rights are granted to You, as specified on the invoice. Any Commercial Use of Our Content before full payment of the invoice constitutes an infringement of IPR, and renders You liable for the payment of damages.
  9. No rights granted may be assigned, transferred or sub-licensed by You without Our prior written consent.
  10. You will indemnify the Royal Armouries against any damage, losses or harm caused by Your unauthorised Use of the Content.
  11. In the event of Your insolvency, bankruptcy or death no transfer of ownership in rights or materials from the Royal Armouries shall be deemed to have occurred.
  12. Rights granted by the Royal Armouries are strictly limited to the Use, the term and the territory specified on the invoice. All reprints, further editions or reuse of the Content in another project require new application and are not covered by the original payment.
  13. The Royal Armouries reserves the right to request a colour proof of any reproduction of Content prior to printing, and to withhold the right to reproduce Content if the quality of the reproduction falls below the standard set by Royal Armouries.
  14. Content must not be reversed, masked out, cut down, superimposed with type matter or in any way defaced or manipulated without the prior written consent of the Royal Armouries, If You do so You will be liable for the payment of damages.
  15. Applications to reproduce a detail or a cropped image will only be considered upon receipt of a proof of the reproduction. The caption must include the word ‘Detail'.
  16. You must include an accurate Attribution and if You do not You will be charged additional fees.
  17. The Royal Armouries' inventory number must be included in any caption. If You reproduce Content without the correct inventory number You will be charged additional fees.
  18. At least one complimentary copy of each publication that includes Content must be forwarded to the Royal Armouries for Our records.
  19. Rights granted by the Royal Armouries shall permit You to:
    • include the relevant Content in Your products
    • record and/or hold the relevant Content on an electronic database under Your control for the purposes of developing and producing Your products
    • reproduce the Content once as part of Your products for a strictly limited production run and/or until the expiry of the strictly limited licence period
    • distribute Your product containing the Content within the specified territory
    • Where the licence covers the Use of the Content within a computer program the program must be designed in such a way that users will not be allowed to alter, manipulate, or adapt the Content or extract or make copies of the Content.
    • The display of Content on-screen shall be accompanied by:
    • a copyright notice prohibiting the reproduction, transmission, performance, display, rental, lending or storage of the Content in any form or in any retrieval system without the written consent of the copyright holders
    • an agreed Accreditation, in a place to be jointly agreed
    • the Royal Armouries' inventory number
    • All images shall be scanned at 72 dpi resolution and shall be displayed onscreen at a size not exceeding an area of 300 × 300 pixels unless otherwise agree in writing.
    • You may not copy or record any version of the Content other than those delivered by the Royal Armouries for this purpose.
    • Content must not be adapted or altered or in any way manipulated without the prior written consent of the Royal Armouries. If You do so You will be liable for payment of damages.
    • You shall ensure that any third parties involved in the development or production of any product or website involving the use of the Content, including subcontractors, are bound by the terms of the licence granted by the Royal Armouries.
    • You shall inform the Royal Armouries of any unauthorised use of any of the Content as soon as You become aware of the same.
    • On the termination of the rights granted by the Royal Armouries all copies or records of the Content made shall be destroyed by You, such action to be confirmed to the Royal Armouries in writing.
    • Rights granted by the Royal Armouries in relation to any use of the Content on agreed websites shall permit You:
    • to record and/or hold relevant Content on an electronic database under Your control
    • to reproduce the Content once as part of the website until expiry of the strictly limited licence period
    • to allow visitors to the website to browse and view the Content
    • Any website that includes the Content will be designed in such a way that visitors to the website shall not be allowed:
    • to alter, manipulate, or adapt the Content
    • to make copies of the Content
    • to access the recordings of the Content as individual files during the normal course of using the website
    • The display of Content on-screen shall be accompanied by:
    • a copyright notice prohibiting the reproduction, transmission, performance, display, rental, lending or storage of the image in any form or in any retrieval system without the written consent of the IPR holders
    • an agreed Accreditation
    • the Royal Armouries' inventory number
    • a hypertext link to the Royal Armouries' website
    • You shall allow the Royal Armouries full access to inspect the website for the duration of the licence and shall supply all necessary passwords free of charge.
    • The Royal Armouries may revoke the license at any time if You are in breach of any of terms and conditions.
    • Applications to reproduce objects on loan to the Royal Armouries should be sent to the Image Library in the first instance. Photographic material may not be sent until the owner has granted their permission and any fees have been paid. The Royal Armouries does not charge any reproduction fees on loan objects if the owners do so, but will impose a handling charge for administration.

March 2016