Copyright is an intellectual property right which protects the owner’s creative skills and labour. As it is an intellectual right, ownership of the copyright is therefore separate to the ownership of the physical item.
Making copies of archival records
Making copies or digital images of archival records is defined as reproduction of literary works under the Copyright and Related Rights Act, 2000 and the Copyright and Related Rights (Amendment) Act, 2004 and as such may affect copyright.
Government copyright
The Irish State holds copyright for most records in the National Archives, which are official documents created by Irish government departments, agencies and offices of state (including the Courts Service). This is known as Government copyright.
Many records in the National Archives are considered ‘literary works’ and are therefore protected by copyright. Since many government records are unpublished, copyright generally applies to them.
Crown copyright
Records created by government agencies and officials before 1922 (prior to the foundation of the Irish State) fall under Crown Copyright, which is administered by the National Archives.
Copyright not owned by the National Archives
The National Archives does not own the copyright for records created by non-government department or agencies. Examples include personal letters sent to a government body and kept in departmental files, or wills transferred from the Probate Office. Although these records are the property of the Irish State, the copyright belongs to the original author. Therefore, the National Archives cannot grant permission to reproduce these documents.
Obtaining permission to use work
Researchers must:
- Determine if the material they wish to use is still under copyright
- Identify the copyright owner
- Obtain permission from the copyright owner to use their work
For more information, refer to the NAI Copyright Guidelines (PDF).