The concept of a Performance Archive at the National Library of Scotland is an extension of the Legal Deposit Libraries Act of 2003 which requires published books, music, maps, web pages and so forth to be delivered to a deposit library for preservation and viewing. Recorded performances, sound recordings and films are not subject to this act, but nonetheless of significant public and historical interest. Consistent with the concept of legal deposit, the performance recordings shall be viewed after a moratorium period of approximately 20 years.
With a five year moratorium after the cataloging,
Followed by five years of onsite access only
Followed by ten years of onsite and remote access for education only
Followed by onsite and web access as normal
Since performance recordings are not covered by the Legal Deposit Act, signed rather than verbal consent is required for deposit in accordance with accepted practice of the NLS. Consent forms have been developed with the collaboration of Maclay, Murray & Spens LLP (Scottish soliticitors with Intellectual Property as a primary practice area).
This agreement protects the interests of the National Library of Scotland in historical preservation and accessibility and the interests of artists and performers in preserving their work while maintaining control over their products.
NOTE: All rights to the show itself are, of course, retained by the writers, performers, and original copyright holders: the rights at issue are only to the *recording* of the performance.
Fringe Performance Archive – Sample Performer/Artist/Company Consent Form
I/We ________________________ (Name of Performer/Group ) [delete as appropriate] hereby grant permission to the Fringe Performance Archive to make recordings during a single performance at the Edinburgh Festival Fringe of the show entitled _____________________________________________________________________________ [insert name of show] taking place at ________________________________________[insert name of venue] (the “Show”) for non-commercial historical and archival purposes, and which are intended to form part of an Edinburgh Festival Fringe performance archive to be maintained at the National Library of Scotland.
I/We acknowledge and agree that you shall own the entire copyright and all other related rights in the recordings of the Show made under this agreement, and that I/we shall not make, and hereby waive any and all right to make, any objection in the future to the use (or non-use) of such recordings of the Show made under this agreement.
I/We irrevocably and unconditionally waive all moral rights in relation to the use of the recordings in accordance with this agreement.
Further, we grant the National Library of Scotland the right to make surrogates of these recordings for the purpose of long term preservation and to make these recordings accessible to users and patrons in accord with its mission of cultural enrichment, enlightenment, and historical record keeping. Following the moratorium period, users and patrons will have access to these recordings at the NLS (or premises licensed and represented by the library) for non-commercial and non-distributive private research and viewing in accordance with its normal practice
I confirm that I have read and understood this agreement and am over the age of 18.
This agreement shall be governed by and construed in accordance with the laws of Scotland the courts of which shall be courts of competent jurisdiction.
Signed for and on behalf of the SHOW
Name (block letters)
Signature for Fringe Performance Archive _________________________________