British government documents, whatever their age, are Crown copyright. However, the records to which you refer are covered by a waiver that allows you to "copy, quote, index, transcribe, publish and broadcast the text ... in all formats and media throughout the world without: [1] payment of a free or royalty; or [2] requiring a specific licence or approval", provided that you follow the standard formalities [http://www.opsi.gov.uk/advice/crown-copyright/copyright-guidance/copyright-in-public-records.htm] 

This waiver does not extend to copies of *images* of the records, for which express permission from HMSO is required.  It is possible that HMSO delegated reproduction rights to the images in the microfilm edition to the microfilm publisher, in which case you would need permission from the publisher to reproduce an image from the microfilm.  However, whatever rights HMSO may have delegated to the microfilm publisher cover reproduction only of the image, not of the text. You can therefore reproduce the *text* of the documents--even if it is transcribed from the microfilm edition--on your website, and elsewhere, without express permission from either HMSO or the microfilm publisher.  (It is nonetheless good practice to indicate that the text is derived from the microfilm rather than the original, in case the micofilm copy is difficult to read and leads to transcription errors).

"Peter J. Roberts" <[log in to unmask]> wrote: Is the following correct?

Many microfilm producers have paid for the rights to create and then sell microfilm of historical documents.  Publishing this microfilm content without permission of the copyright holder is an infringement of copyright unless the microfilm content is in the public domain.

My interest are some 18th century British government records in a British government archives which were microfilmed (and the microfilm sold) by a private U.S. company in 1974.  Can I assume that the original records are in the public domain?  The only copy is the microfilm.  Is the microfilm company's claim to the copyright valid if the content is transcribed from the microfilm and placed on a Web site?



--
Michael Palmer, MLIS
Claremont, California
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