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.
Consent forms were developed with the collaboration of Maclay, Murray & Spens LLP (Scottish soliticitors with Intellectual Property as a primary practice area) and legal experts at the NLS. 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.
Please note that all rights to the show itself are, of course, retained by the writers, performers, and original copyright holders. The rights at issue here pertain 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 grantpermission 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 (NLS).
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.
I/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. I/We grant NLS permission after a five year moratorium following delivery to provide onsite access to users. After a further 5 year period NLS may provide onsite access to users and remote access for non-commercial education purposes. After a further ten year period, NLS may provide onsite and remote access, including web access, in line with normal procedures.
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 __________________________________________________
Date ___________________________
Signature for Fringe Performance Archive _________________________________
Date __________________________