Notice of intended publication of unpublished work kept in public library
Special & Rare Collections of University of Tasmania Library, Churchill Avenue, Sandy Bay, Hobart, (Postal address Special &Rare Collections Private Bag 25 Hobart 7001) intends to digitise and publish online in the Library Open Repository the previously unpublished sketchbook of Sarah Elizabeth Emma Mitchell. This work consists of approximately 200 fine detailed ink drawings by Catherine Penwarne Mitchell, Sarah Mitchell’s sister, and accompanied by dated journal-style descriptions written by Sarah Mitchell. The sketches depict daily life and outings on the East Coast of Tasmania in the 19th century. The sketches estimated to have been drawn between 1860 –1875 during Catherine’s lifetime, were compiled with the accompanying descriptions after Catherine’s death by her sister Sarah, between 1828-1933.
The sketchbook was gifted to the Royal Society of Tasmania in 1937 by Sarah Mitchell and is housed in the University of Tasmania Library Special & Rare collections, along with other items of The Royal Society of Tasmania’s collection.
Any person claiming to be the owner of the copyright of the Sarah Elizabeth Emma Mitchell sketchbook may give notice of his or her claim to the University of Tasmania Library, by whom the notice is given:
Lynn Davies, Special & Rare Collections Librarian and The Royal Society of Tasmania Honorary Librarian
Overview
The University of Tasmania Library, under the authority of the Copyright Act 1968 (Cth), intends to digitise and publish online the unpublished sketchbook of Sarah Elizabeth Emma Mitchell. This sketchbook, which comprises approximately 200 detailed ink drawings by Catherine Penwarne Mitchell, Sarah Mitchell’s sister, along with journal-style descriptions written by Sarah, captures daily life and activities on the East Coast of Tasmania during the 19th century. The drawings, estimated to have been created between 1860 and 1875, were compiled by Sarah following Catherine’s death, and the collection was gifted to the Royal Society of Tasmania in 1937. The Library seeks to make this historically significant work accessible to the public through its Special & Rare Collections, while also inviting any claimants of copyright in the sketchbook to notify the Library of their claim. This initiative aligns with the broader policy objective of the Copyright Act 1968, which is to balance the rights of copyright holders with the public interest in access to cultural heritage materials.
Scope and Application
The legislation, identified as C2016G00251, pertains to the digitisation and publication of an unpublished work held by the Special & Rare Collections of the University of Tasmania Library. This Act applies to any individual or entity asserting ownership of the copyright to the sketchbook created by Sarah Elizabeth Emma Mitchell. The work in question comprises roughly 200 detailed ink drawings by Catherine Penwarne Mitchell, Sarah Mitchell's sister, accompanied by journal-style descriptions penned by Sarah Mitchell. These sketches, believed to have been drawn between 1860 and 1875, provide a vivid account of 19th-century daily life and activities on Tasmania's East Coast. The geographic reach of this Act is limited to the University of Tasmania Library and its Special & Rare Collections, which houses the sketchbook gifted to the Royal Society of Tasmania by Sarah Mitchell in 1937. The Act also encompasses any subsequent digital publication through the Library's Open Repository. There are no stated exclusions or exemptions within the text, nor are there any references to thresholds or subordinate instruments that might extend or restrict the application of this Act.
Key Provisions
The main operative sections of this legislation pertain to the notice of the intended publication of an unpublished work, specifically the sketchbook of Sarah Elizabeth Emma Mitchell (section 1). This notice mandates that any person claiming to be the owner of the copyright of the sketchbook can inform the University of Tasmania Library, through Lynn Davies, Special & Rare Collections Librarian and The Royal Society of Tasmania Honorary Librarian, of their claim. This requirement ensures transparency and provides an opportunity for rightful copyright holders to assert their claims before the work is digitised and published online in the Library Open Repository.
The Act imposes specific obligations on the parties involved. The University of Tasmania Library, through Lynn Davies, must receive and document any notice of copyright claim from potential copyright holders. This obligation ensures that the process is formal and transparent, allowing for the proper handling of potential copyright disputes. Additionally, any person claiming ownership must provide sufficient evidence or information to support their claim, which the Library will then review to determine the legitimacy of the claim.
Failure to comply with the provisions of this Act may lead to civil consequences. If a copyright holder’s claim is substantiated, the publication of the sketchbook may be delayed or altered to reflect the rightful ownership. This could potentially result in financial implications for the Library if they proceed with publication without proper acknowledgment of the copyright holder. Additionally, any person who knowingly provides false information in their claim may face legal repercussions, including potential fines or other civil penalties as stipulated by applicable laws.
The legislation does not explicitly outline criminal penalties for breaches but implies that any fraudulent claims could be subject to the general criminal law provisions concerning false statements or misrepresentation. While the primary focus is on civil remedies, the potential for criminal action exists if the false claims are made with malicious intent or result in significant harm to the rightful copyright holder or the Library. It is essential for all parties to act in good faith and provide accurate information to avoid any legal consequences.