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These item level assessments suggest the data infrastructure and websites' technical interface may be in place for accommodating a policy change.
4.2.4. Over restrictive personal use and conflicts with fair dealing
The UK copyright act permits certain acts around in-copyright works under the concept of 'fair dealing'.[1] These include fair dealing for the purposes of: criticism or review; quotation; reporting current events; parody, caricature or pastiche; and illustration for instruction. Courts consider a number of factors when determining whether a dealing (or use) is fair. Accordingly, even if the copyright were valid, users are legally entitled to "deal" with those works in certain contexts, and those rights cannot be overridden by contractual terms stating otherwise.
Some GLAM policies make express or implied references to copyright exceptions or fair dealing. Examples include: Fleming Collection; Imperial War Museums; Museum of London; National Galleries Scotland; Parliamentary Archives; Royal Albert Museum; Royal Museums Greenwich; Royal Pavilion & Museums Trust, Brighton & Hove; Victoria & Albert Museum; Art UK; and Guernsey Museums & Galleries (fair use).[2]
Others have overbroad prohibitions that conflict with fair dealing, particularly around personal use:
Atkinson Art Gallery permits users to "temporarily download one copy of the materials (information or software) on The Atkinson's web site for personal, non-commercial transitory viewing only".[3]
East Riding Archives informs users that "[b]y viewing and or purchasing an image from this collection, you are agreeing to comply with copyright licensing regulations. These state your use of the image is for personal use only. The images may not be reproduced, published or distributed in any format including books, magazines, promotional, advertising or any other material in print or media including the Internet, broadcast and private or public exhibition without the express permission of the East Riding Council Heritage Service."[4]
