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The British Library and the public domain

Press Release - 6 June 2002

The actions of the British Museum highlighted in The Guardian article on 6 June are not new: already in 1997 we had a similar experience with the British Library.

We spent about twelve months preparing a recording of public domain material at the National Sound Archive, part of the British Library. However, on the eve of recording we were informed by the National Sound Archive that they had signed a then secret and exclusive deal with a record company to release their own world music series.

To make our first recording, we were forced to go to the Bibliothèque nationale in France, where they have a fair and open policy with public domain material.

The CD was the first in our world music series, Music for Food, where a portion of profits would be invested in projects in poorer countries of the world.

The first CD was to be Italy Music for Food, a collection of vintage Italian opera and Neapolitan song, primarily of Beniamino Gigli and Tito Schipa. All recordings selected were in the public domain and held by the National Sound Archive in London.

The services of the National Sound Archive were published and promoted in British Library/National Sound Archive public information literature, and the British Library website, none of which at the time mentioned restrictions on use or users, or the planned deal with a record company restricting other users.

As in the Guardian article, it was apparent that British Library National Sound Archive staff had been overruled by higher authority. The Director of the NSA decided who could or could not use the facilities and material in the public domain held by the British Library: he told our company that he had the right, even as part of the British Library, to refuse us access and use of their facilities on the grounds that they were signing an exclusive deal with a record company and did not want us to damage that for commercial reasons.

This deal excluded us and possibly other users from using the facilities and material held by the British Library. The British Library National Sound Archive made a unilateral decision to exclude some users from using its full facilities and public domain material that they hold for the nation. The Library made and in fact continues to make ad hoc decisions on who can and cannot use British Library facilities and refused access on financial grounds, on the basis of commercial interests and removing competition. The British Library now sells the CDs of the record company at the British Library bookshop, by post, telephone, on its website.

The National Sound Archive now states on their website that use of copies from British Library collections for 'commercial publication or public dissemination of any kind is subject to the British Library National Sound Archive's written permission'.

While releasing their own CD series is a laudable project, we believe that the collection of the British Library National Sound Archive should be open to all. Such exclusive 'arrangements' and 'quasi-official joint ventures' exclude individuals and innovative companies from releasing for example great world music, jazz or oral history compilations. Surely the public should decide what they wish to listen to?

As we mentioned above, after complaints to the National Sound Archive and the British Library ombudsman, we decided to record the first Music for Food CD in France. With the help of excellent staff and recording engineers at the BN in Paris, the result was a recording of French chansons. France Music for Food, recorded at the Bibliothèque nationale, has since sold in the USA, Canada, Europe, Asia, Australia and New Zealand. With a portion of proceeds from CD sales, we have been able to sponsor a child in Africa for the last seven years.

 

Relevant links

The Guardian: www.guardian.co.uk/arts/story/0,3604,728028,00.html

Web page: Music for Food

 

Further information

If you would like further information on this news item, please contact us

This text may be freely used provided that you credit the source.

 

Listen to France
Music for Food

Music for Food

Lucienne Boyer
Edith Piaf
Charles Trenet
Jean Sablon

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