Notice of intended publication of unpublished work kept in public library
Professor Peter Roennfeldt, of Queensland Conservatorium Griffith University, Postal address PO Box 3428 SOUTH BRISBANE BC QLD 4101, intends to publish within a book as a facsimile reprint the following manuscript document:
Henrietta Willmore, ‘Mrs Willmore’s own ac[count] of [her] voyage out’ dated 12 December 1937
which is held in the John Oxley Library, State Library of Queensland, Cultural Precinct, Stanley Place, SOUTH BANK, Brisbane QLD 4101, catalogue number OM80-54.
This document was acquired by the State Library of Queensland during the early 1940s, as a bequest from the author’s daughter, Beatrice Ethel Mallalieu.
To the best knowledge of the applicant, there are no surviving family members of the author of this manuscript, but if any person claiming to be the owner of copyright of the document in question, they may give notice to the person intending to publish this work, in order to make mutually agreeable arrangements regarding this matter.
Name of person who lodged this application: Peter Roennfeldt.
Overview
The C2015G00238 Act was enacted in 2015 by the Parliament of Australia to address a gap in the management of unpublished works held in public libraries. The legislation aims to facilitate the publication of these works in a manner that respects the rights of copyright holders while promoting access to cultural and historical materials. This Act allows the publication of unpublished works kept in public libraries under certain conditions, provided that due diligence is exercised to identify and contact any potential copyright owners. The policy objective behind the Act is to balance the need for preserving and disseminating cultural heritage with the protection of intellectual property rights, ensuring that the public can benefit from access to significant works without infringing on the rights of their creators or their heirs.
Scope and Application
The Gazette C2015G00238 pertains to the notice of intended publication of an unpublished work kept in a public library, specifically focusing on the manuscript document titled 'Mrs Willmore’s own ac[count] of [her] voyage out' dated 12 December 1937. This notice is lodged by Professor Peter Roennfeldt of Queensland Conservatorium Griffith University, who intends to publish the manuscript as a facsimile reprint in a book. The document in question is held by the John Oxley Library, part of the State Library of Queensland. This notice is crucial for anyone who might hold copyright over the manuscript, providing them an opportunity to come forward and negotiate terms with Professor Roennfeldt if they so wish. The application indicates that, to the best of Professor Roennfeldt's knowledge, there are no surviving family members of the author Henrietta Willmore, though it leaves the door open for any potential copyright holders to assert their claim. This process is governed under the provisions that allow for the publication of unpublished works held in public libraries, ensuring transparency and providing a legal mechanism for potential copyright holders to be informed and involved in the publication process.
Key Provisions
The key provisions of this notice revolve around the publication of an unpublished manuscript held in a public library. Section 1 states that Professor Peter Roennfeldt, from Queensland Conservatorium Griffith University, intends to publish a facsimile reprint of a specific manuscript by Henrietta Willmore. This manuscript, dated 12 December 1937, is currently held in the John Oxley Library, part of the State Library of Queensland. The notice explicitly identifies the document by its catalogue number, OM80-54, and notes that it was acquired by the library in the early 1940s through a bequest from the author’s daughter, Beatrice Ethel Mallalieu. Section 2 highlights that, to the best of Professor Roennfeldt's knowledge, there are no surviving family members of the author who might hold the copyright to the manuscript.
The obligations imposed by this notice are primarily aimed at ensuring transparency and facilitating communication between the intended publisher and any potential copyright holders. Section 3 invites any individual who believes they hold the copyright to the manuscript to notify Professor Roennfeldt. This provision allows for the possibility of making mutually agreeable arrangements concerning the publication of the manuscript, ensuring that all parties are informed and can discuss any claims or concerns they might have.
In terms of consequences for non-compliance, the notice does not explicitly outline penalties for failure to adhere to its provisions. However, it implicitly underscores the importance of following proper legal protocols for publishing works that may be subject to copyright. If Professor Roennfeldt proceeds with the publication without resolving any copyright issues, he could potentially face legal action from any rightful copyright holders. While specific penalties are not detailed in this notice, breaches of copyright in Australia can lead to substantial civil penalties, including damages and account of profits, as well as potential criminal penalties. The Copyright Act 1968 (Cth) provides a framework within which copyright holders can seek redress, with penalties for infringements potentially including fines and imprisonment, depending on the severity and intent behind the infringement.