Copyright/public Domain on Vietnamese Archival Materials
From: David Biggs
Date: Thu, Feb 5, 2009 at 12:50 PM
dear list-
Does anyone know if there is an official policy in Vietnam regarding use of scanned images from photocopies of archival materials in the Luu Tru Quoc Gia? Is there a public domain rule requiring only attribution as in other national archives?
-David
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From: Fr Peter Hansen
Date: Thu, Feb 5, 2009 at 1:39 PM
When working in the LTQG a few years ago, there was no provision for either
scanning or photographing of photographs. All that would be done was that a
ordinary paper photocopy would be made. Fine for documents, terrible for
photos. I even offered to bring in my own digital camera and yet pay a fee
as if they had done it (there were some photos I really, really, wanted),
but this was refused.
This was a few years back, and things may have changed. Moreover, I
understand that there are differences in practices across the different
archives. As to attribution and usage, nothing was ever said or documented
to me.
Peter Hansen
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From: Ben Kerkvliet
Date: Thu, Feb 5, 2009 at 5:27 PM
Peter's experience corresponds to mine when using Trung Tam LTQG 3.
Ben
--
Ben Kerkvliet
Emeritus Professor
Research School of Pacific and Asian Studies
Australian National University, Canberra, A.C.T., Australia
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From: Rob Hurle
Date: Thu, Feb 5, 2009 at 5:38 PM
I've just recently returned from work at LTQG 3 and the situation is a
little different to that mentioned by others. You can apparently take
photographs, but special permission is needed (according to a sign on
the wall, and the information I got when I enquired). However I don't
know of anyone who has succeeded in actually getting permission. I'm
going to try asking for permission to photograph next month, because
some of the material I want does not photocopy well. I'm not sure if
I shouldn't drop into my request the fact that it takes a long time to
get photocopies, but photographs are available immediately - on my
last visit my assistant had to post the photocopies to me after I
arrived home.
Rob Hurle
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From: Pierre Asselin
Date: 2009/2/5
Dear all:
Any duplication of documents at TTLTQG3 requires special approval, which may take several days. Researchers beware: permission to read a document does not mean certain approval for duplication – or that you’ll see the document again if your request is denied! Scanning or taking photos of documents is usually not allowed because proper “vetting” cannot occur. The original message asked about policy: there are no formal, standard policies governing use of archives in Vietnam. Each center has its own norms. TTLTQG3 is quite strict; I understand that TTLTQG1 is more flexible.
Aloha,
Pierre
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From: David Biggs
Date: Thu, Feb 5, 2009 at 11:36 PM
I know its very touch and go with materials in LTQG3, but with materials in #1 and #2, esp. #2, has anyone out there reprinted scanned images from materials photocopied in books gotten some kind of permission? I recall emailing an archivist at LTQG1 two years back about printing a scanned image from a certified (approved) photocopy, and the gist of her email was that the decision to grant a reader permission to get a photocopy made was the same as saying its public domain (since copyright is (was?) a non-issue in Vietnam).
I just wonder if anything has become more concrete since then? Anything in writing? I might try the website...
-D
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From: Christian Cunningham Lentz
Date: Fri, Feb 6, 2009 at 7:03 AM
Dear friends,
TTLT3 has been making a concerted effort to publicize its collections and
standardize its access procedures. While I worked there on my own research
in 2006-7, I was also part of a project to write and translate a
collections guide. With the assistance of the Ecole Francaise d'Extreme
Orient and the Cuc Van thu va Luu tru Nha nuoc, the "SACH CHI DAN CAC
PHONG LUU TRU BAO QUAN TAI TRUNG TAM LUU TRU QUOC GIA III / Guide to the
Collections of National Archives Centre III" was published in Hanoi in
2006. Though the Vietnamese language section is the most complete, English
and French summary translations are included in the same volume. Cornell
University library has a copy in its reference room.
Though the original query was about copyright information, the Guide is
unclear on this issue. However, based on our shared experiences, Pierre is
correct that reproduction of materials is only available through
official--i.e., approved in-house--photocopying. Though a sign in the
reading room may indicate otherwise, scanning and digital photography (not
to mention laptop computers!) are not allowed. So bring pen and paper.
Below I have included a page from this volume (p. 23) describing
procedures for access. I hope this helps.
all best,
christian
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From: Judith Henchy
Date: Fri, Feb 6, 2009 at 9:57 AM
Christian, David
Thanks for posting this information from the translated guide volume. The book is indeed a valuable contribution for researchers.
On the question of copyright and re-publication permissions, it seems to me that the response from the LTQG that David cites would be correct. I would argue that copyright is not at issue here. I presume that the documents David is referring to are administrative documents of either French or Vietnamese governmental agencies. From any reasonable standpoint, these should not be copyrightable items -- they are "work for hire" created by a public entity (although some SE Asian states do claim copyright over their government documents). What is primarily at issue, as would be the case with US documents, is their classification status. I seem to recall from some earlier research on the Vietnamese legal code governing archives, that there is a formal disposition schedule for documents governing when they are transferred from active agency files to archival deposit. There is also, I believe, an equivalent of what we call Mandatory Declassification Review, which does indeed put the document in the public domain after a certain time period, depending on security status. My assumption would be for the Vietnamese case that once permission to view and even to copy is granted, the document is considered to be in the public domain.
However, that doesn't mean that archival repositories cannot claim other proprietary rights over the materials that they hold. Private archives, or public archives holding private collections, assume such rights all the time, but our presumption here and in Europe, is that public institutions do not assume financial rights over public documents. I haven't ever done it, but I presume that if you use a document from NARA here you would pay a hefty fee for a high quality reproducible copy, and a nominal administrative fee for reproduction permission. Perhaps you don't even need that. You would acknowledge NARA in the publication.
I'll see if I can get Minh Huong to engage on this question, and I will post to the list if she can clarify the current LTQG position for us.
Best
Judith
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From: Tobias RETTIG
Date: Fri, Feb 6, 2009 at 11:06 PM
There was a recent discussion on the H-War list on the reproduction of archival materials, and the overall consensus was that photography is generally best (apart from the more traditional method of taking notes - writing or typing) in terms of preserving the archival materials.
Best,
Tobias
School of Social Sciences, Singapore Management University