18 June 2026
How Copyright Exceptions Enable Access to Archives
By Sean Waterman, Head of Intellectual Property
The Copyright, Designs and Patents Act 1988 (CDPA) gives copyright owners exclusive rights over how their works are copied and used. That means archives cannot usually provide access to digital copies of in-copyright material unless they have permission from the rights holder or a copyright exception applies.
But there are important exceptions. Copyright exceptions balance creators’ rights with wider public interests such as education, culture, and personal use.
Some UK copyright exceptions are designed specifically for archives, recognising their role in preserving cultural memory and supporting research.
Archive collections can deteriorate with age or heavy handling, and many items cannot simply be replaced. That could mean unique photographs, fragile audiovisual material, or books and other published works that are long out of print.
The CDPA’s preservation exception enables archives to make copies, including digital surrogates, of works in their permanent collections when it is not “reasonably practicable” to buy a replacement. This is especially important when archives need to format-shift video tapes or preserve degrading film stock, helping safeguard these materials for future generations. For example, an archive might digitise a fragile VHS recording of a local community event because the tape is deteriorating and a replacement copy is not available to buy.
Digital surrogates made under the preservation exception cannot be put online without the rights holder’s permission. But archives can still provide access under the dedicated terminal exception, which allows digital works to be viewed on-site for research or private study. The catch? If a contract blocks access, this exception cannot be used. There are also other exceptions to copyright which archival services can also consider.
Archives often hold unpublished letters, diaries, and manuscripts. And despite their age, many unpublished works by authors who died more than 70 years ago will stay in copyright until the end of 2039. Under section 43 of the CDPA, archives can still provide copies for non-commercial research or private study. For example, a researcher studying local history might request a copy of an unpublished letter in an archive’s collection to support their work, as long as they provide the required written declaration and use it only for private study or non-commercial research.
Taken together, these exceptions demonstrate how copyright is not just about restrictions. It can also be a practical framework for preservation, access, and research — helping archives protect collections while opening them up in carefully defined ways.
Want to understand how these exceptions work in practice? Join our next intermediate-level Exceptions to Copyright online course on 14 September 9.30 – 13.00 to build confidence in applying the rules, spotting risks, and making informed decisions in real-world archive settings.
Worth 3 CPD points from CPD UK, it’s ideal for anyone who wants a clearer understanding of when exceptions apply and how they should be interpreted. A basic understanding of copyright is recommended. To book, use the link above or contact our Training Manager at info@naomikorn.com.