Defnyddiwr:Llywelyn2000/Cadw VW ayb

Cais am wybodaeth am hawliau / hawlfraint CADW a lluniau i Visit Wales gan CADW. Requests for information on rights / copyright of CADW photographs and photos transfered to Visit Wales by CADW. Oherwydd y bydd arbenigedd trwyddedau hawlfraint byd-eang yn cael ei geisio, mae'r ohebiaeth isod drwy gyfrwng y Lingua franca' (Saesneg).

Cais FoIR Request (11 February 2013)

Gwnaed y cais yma / The request was made here

From: Llywelyn; 7 February 2013

7 February 2013

Dear Cadw: Welsh Historic Monuments,

I understand that you allow commercial reuse (of images) and that service is a source of income for Cadw.

First, How much exactly was that income over the last five years?

Second, what is the average number of images sent out to a paying customer?

Third, how much do you charge per photograph at different resolutions?

Lastly, what were the total costs for providing this service i.e. the time and expense of marketing and fulfilling this service to the customers over the last five years?

Yours faithfully,

Llywelyn

From CADW; 11 February 2013

Dear Llywelin

REQUEST FOR INFORMATION – ATI REF 6951 – COMMERCIAL REUSE OF CADW IMAGES

Thank you for your request that I received on 07/02/2013. You asked for information concerning the following: -

1. The income derived from the reuse of Cadw images over the past five years

2. The average number of images per commercial request

3. A rate of charges levied for different resolutions of digital imagery

4. The total cost of providing this service over the past five years, to include the temporal and financial cost of the service and any associated marketing costsI would be grateful if you would confirm that the above is a true and accurate summary of your request.

I can confirm that the Welsh Government is treating your request as a formal Freedom of Information enquiry, the reference number is 6951.

I look forward to hearing from you.

Yours sincerely

Vincent Devine HND, BSc (Hons), MA Cadw Knowledge and Information Manager

From: Llywelyn; 12 February 2013

Dear Devine, Vincent (DH - CADW),

Your letter (quote) asks me to confirm that your understanding of my request is the following:

1. The income derived from the reuse of Cadw images over the past five years

2. The average number of images per commercial request

3. A rate of charges levied for different resolutions of digital imagery

4. The total cost of providing this service over the past five years, to include the temporal and financial cost of the service and any associated marketing costs

Yes. That is my request.

Yours sincerely,

Llywelyn

From CADW; 06 March 2013=

Dear Llywelyn

REQUEST FOR INFORMATION – ATI REF 6951 – REVENUES GENERATED FROM THE SALE OF CROWN COPYRIGHT IMAGES

I wrote to you on 11 February 2013 following your request for information. In your request you asked for information regarding the commercial reuse of Cadw images, to include: -

1. The income derived from the reuse of Cadw images over the past five years 2. The average number of images per commercial request 3. A rate of charges levied for different resolutions of digital imagery 4. The total cost of providing this service over the past five years, to include the temporal and financial cost of the service and any associated marketing costs I am enclosing the information that you requested. The income derived from the reuse of Cadw images over the past five years is shown in the table below: -

Year Income

2008 £1801.50

2009 £1080.00

2010 £1047.00

2011 £318.00

2012 £0

The mode figure for number of images per commercial request is one.

Since 2010, the sale of images has been undertaken by the Visit Wales Image Centre (part of the larger Visit Wales Creative Services team) on behalf of Cadw. Information concerning pricing and formats is shown in the attached document ‘VW – Commercial – Pricing – Matrix

– Rev – L – June – 2012’.

Costs associated with the provision of images for commercial requests are difficult to identify as the supporting IT systems have many uses, the cost of production is not recorded and images can be digitised for a number of purposes. Images are created in a number of ways including via digital photography and the scanning of hardcopy material. As noted above, images are digitised for a number of purposes, for instance under the auspices of the Public Records Act, Cadw has a programme to deposit Government information in the National Monuments Record of Wales. Before deposition, the original material is digitised so that a working copy is retained and the image is available to support other Cadw activities. This multi-use digitisation is the responsibility of the Cadw Archive and Photographic Officer, who has a large portfolio of duties and tasks, which focus on delivery. We do not keep records for the cost of individual digitisation tasks. One of the functions of the Cadw Publications Unit networked IT system is to create and manage digital images. Similarly, the same networked system also provides electronic services to Cadw’s graphic design team. Cadw contributes £650 (ex VAT) per annum towards the cost of the maintenance contract for this specialist system. This contribution to maintenance began in February 2013. Cadw does not market images, as they are supplied under licence and upon request.

Any information released under the Freedom of Information Act 2000 or Environmental Information Regulations 2004 will be listed in the Welsh Government’s Disclosure Log.

If you believe that I have not followed the relevant laws...

You also have the right to complain to the Information Commissioner....

Yours Sincerely

Vincent Devine HND, BSc (Hons), MA Cadw Knowledge and Information Manager

From Llywelyn; 6 March 2013

From: Llywelyn

6 March 2013

Dear Devine, Vincent (DH - CADW),

Many thanks for your reply. You say in your response:

Since 2010, the sale of images has been undertaken by the Visit Wales Image Centre (part of the larger Visit Wales Creative Services team) on behalf of Cadw.

Can you tell me when in 2010 did this happen and secondly what income have you received from them, or do they keep the income received as Royalties?

What I'd like to know is: how much revenue did the images generate?

Many thanks.

Yours sincerely,

Llywelyn

From CADW; 7 March 2013

From: Llywelyn

7 March 2013

Dear Devine, Vincent (DH - CADW),

My request is for revenue information based on all Cadw images sold to third parties / customers. You imply that the sale of copies of all Cadw images is being dealt with by Visit Wales. Is this correct?

Can you confirm whether or not all original photographs and digitised photograph images are also being held by Visit Wales?

Yours sincerely,

Llywelyn

From CADW; 28 March 2013

Dear Llywelyn

Thank you for your e-mail. The Visit Wales Image Centre began undertaking the sale of Cadw images in January 2011. The income is retained by Visit Wales.

Yours sincerely

Vince Devine HND, BSc (Hons), MA Rheolwr Gwybodaeth a Hybysrwydd/Knowledge & Information Manager Ymgysylltu a'r Cyhoedd a Llywodraethu/Public Engagement & Governance Cadw

Ebyst / Emails

From Mark Thomas; 14 October 2013

to Vincent, William, me Hi Robin

At present, we’ve been unable to reach clarity on the matter. The main reason – apart from exceptionally heavy operational demands in the intervening time – has been the fact that the Cadw element of Welsh Government is now in discussions with the Royal Commission about merging.

The Welsh Government’s Minister for Culture and Sport, John Griffiths AM, announced in July that he is minded to merge the functions of the Royal Commission on the Ancient and Historical Monuments of Wales with Cadw. He also asked for further work to be undertaken on the relative advantages and disadvantages of effecting this merger within or outside the Welsh Government. Crown Copyright is a factor in this process and may affect the copyright status of existing assets, therefore further consideration of release has been put on hold until the merger situation has been clarified. It is anticipated that the timetable for clarification is early in the New Year.

NB: for further information on the Cadw changes, please contact my colleague Vince Devine – Knowledge & Information Manager – Cadw: vincent.devine@wales.gsi.gov.uk

Separately - and as previously discussed - Visit Wales is currently in the process of transferring it’s old physical photographic library to the National Library of Wales in Aberystwyth. My understanding at present is that those images will eventually become part of the People’s Collection Wales. This transfer should also take place before Christmas.

So, in all likelihood, we’ll likely have a clearer idea of the lay of the land in early 2014.

Many thanks for the mail. I hope you are well.

Kind regards --

Mark Thomas Head of Creative Services / Pennaeth Gwasanaethau Creadigol Creative Services Department / Yr Adran Gwasanaethau Creadigol Visit Wales / Croeso Cymru E-bost/E-mail: mark.thomas2@wales.gsi.gov.uk Ffon / Tel: 0300 061 6101 Visit Wales Image Centre

From Robin Owain 06 October 2013

Bore da Mark

In our last conversation (12 May 2013) you mentioned that you were discussing the possibility of releasing historic images, plans and illustrations on a CC-BY-SA licence. As you know, this would really boost Llwybrau Byw Living Paths project, partially sponsored by the Welsh Government / Visit Wales.

Can you let me know whether you've been successful in doing this?

Best regards

Robin

Robin Owain Rheolwr Wikimedia UK yng Nghymru Wikimedia UK Manager in Wales

From Robin Owain; 17 October 2013

to Mark, Vincent, William Hi Mark and Vincent

Many thanks for your email Mark.

I met Vincent at the Government buildings more than 18 months ago, but the the way forwards seems just as misty and unclear as it was then. As you know all Welsh Government grants now include a condition - that all content is made available on an open "Creative Commons" licence. Any work produced by Cadw in this current financial year, therefore, must be thus licenced and cannot be put on hold. Can Vincent confirm that this is so? When a report into a burial chamber is released today, or a photograph is taken today, which Creative Commons open licence are you using?

Past content is Crown Copyright, if I understand correctly, and you say that this is on hold until the new year. Should the merger go ahead (as I believe it will) what then? Surely, in the past 18 months Cadw has looked at ways in opening up their content and has produced a report into free and open licencing? In my meeting with you Vince, you suggested that approaching you was preferable to FoIA requests. I have no problem with that as long as progress is made. In the last 18 months the Government has made it very clear that transparent and open government should also be reflected in work done by the institutions who receive grants from them. So far, however, I see no glimpse of this from Cadw. There are around 1500 regular Wikipedian editors in Wales who want and deserve to know what movement has been done in order to move on from this Crown Copyright stalemate.

Has a report into this been done and if so can you please send me a copy of that report.

Many thanks and best regards

Robin

Robin Owain; 05 December 2013

to Vincent, Mark Hi Vincent and Mark

Wikipedia / Wikimedia Commons can now use 'Crown Copyright'. This means that in theory we could upload all images. Here's an example on Wikimedia Commons, which is then taken into 5 Wikipedia languages (see bottom of the image page). It's a great photo, but the image resolution at 635 × 408 is not good enough for mass upload. A higher resolution image would show Cadw and Wales in a better light. The 6 I received from Mark are twice as high. Can you please supply me with these images, I understand that there are around 3,500 such images relevant to the 'marketing of Wales'. If they were put on an external hard drive on your server our upload tool could do the work in around 4 - 8 hours depending on bandwidth.

I request that this be done in the next few days.

Best regards

Robin

Devine, Vincent (Cadw); 20 December 2013

to me, Mark, Andrew Dear Mr Owain

Thank you for your recent correspondence concerning Cadw images and Open Government Licensing (OGL) etc. There are a number of topics upon which you required clarification and a general update on progress is provided.

Cadw has been working with other parts of the Welsh Government and The National Archives in an attempt to find a workable approach to OGL. Meetings between representatives for the Welsh Government (WG) and The National Archives (TNA) were held in early 2012, in order to raise awareness of OGL, to discuss any issues and to identify areas of mutual interest. Although the group welcomed the concept of OGL as a licensing model, it became apparent that further investigation was necessary, as different approaches in different WG business areas were required. A key area of investigation concerned ‘Delegation of Authority’ (the instrument that grants the Government departments the authority to licence Crown Copyrighted information). Mark Thomas and I attended a series of meetings with representatives from The National Archives through the spring and summer of 2012. The meetings were held to discuss OGL and enhancing and modernising the ‘Delegations of Authority’. Since these meetings I have discussed licensing with the various information producers within Cadw, identified the types of new media information that is now being produced and a draft enhanced Cadw Delegations has been developed to include this new information. I will be investigating the next stage of the process early in 2014. Throughout this period Cadw has been identifying and cataloguing a number of collections. Part of this work has been to identify the IPRs associated with items within our collections. A good example of this work has been to identify the IPR associated with artwork that has been commissioned in the past.

Cadw was established in 1984. However, before this date a Government Heritage Service existed as part of the Ministry of Works and the Welsh Office. The organisation has produced (either in house or via a third party) a large and diverse body of imagery. The vast majority of this information has been produced as hardcopy, although most of the imagery that is currently produced is done so in a digital format. Although some of the photographic imagery was produced to a high standard, the majority was taken as ‘aide memoires’ during conservation or historic environment management projects. Some of the information will have been destroyed as part of the agreed WG file disposal register, some will have been deposited at the Royal Commission on the Ancient and Historic Monuments of Wales (the Commission) under the Public Records Act and some is stored in a number of hard copy and digital repositories that are located throughout the Cadw offices. The digital information is held in a variety of formats in different operating systems. The number of items in each collection is substantial and the formats employed are extensive. Cadw is continuing with its programme to develop methodologies to understand, manage and curate them. This curation of the collections is challenging, requiring the careful management of limited resources. In the past 5 years, the demand for imagery in order to support the business of Cadw has significantly increased. Previously this work was undertaken by the Properties in Care Archivist, along with his other curatorial duties. The retirement of the archivist has provided the opportunity to adapt the functions of the post and to concentrate upon imagery in order to meet the high volume and increasing demand for Cadw images. We are currently in the process of recruitment to a post which will be responsible photography and images.

As you are aware, Cadw and the Royal Commission on the Ancient and Historic Monuments of Wales (the Commission) are currently undertaking a programme to investigate the options of a potential merger. The Minister for Culture and Sport is due to announce his decision the 14th January 2014. If the decision is to merge, it will have an effect on the status of the merged organisation’s information and any associated licensing policies. The Commission manages the National Monuments Record of Wales, which acts as a place of deposit for Cadw records. When information has been deposited, the responsibility to manage and licence it is passed to the Commission. In a merged organisation, the status of all Cadw information would require a holistic review and new management, licensing and curation strategies will be required. Part of this assessment will include what further information is to be deposited under the Public Records Act 1958, what should come under the remit of the National Monuments Record of Wales and what constitutes general information that could be released under delegated authority or OGL etc. As part of the consultation exercise that was undertaken to inform the merger decision making process, Cadw and the Commission have established a working group to discuss information. The group identified at a high level, areas of work that would require attention, Copyright will be one of the primary areas of this work.

In your earlier e-mail, you enquired about Crown Copyright licensing associated with information that has been produced as a result of Welsh Government Grant. I have discussed the subject with the WG Grants Centre of Excellence and the Commercial Legal Services departments. The advice that they have provided is that where works are produced by third parties as a result of grant funded activities, the copyright etc remain with the grantee and not with WG. The current Grants Centre of Excellence standard grants letter contains the following:

"13. Intellectual Property Rights & Publicity (a) Nothing in these Conditions transfers to us any rights in any intellectual property created by you as a result of the Purposes. (b) You must upon request grant to us (or to the extent that any third party permits you to use its intellectual property rights and/or creates any intellectual property rights on your behalf in relation to the Purposes or as a result of the Funding, procure the grant to us of) an irrevocable, transferable, non-exclusive and royalty-free licence to use any intellectual property rights (and the materials in which they are comprised) created by you or on your behalf and/or resulting from the Funding being provided to you, together with the right to grant sub-licences thereunder on such terms as we may in our absolute discretion decide."

Condition 13 (a) is the statement regarding third party grantees retaining the intellectual copyright. Whilst 13(b) is intended to avoid the need for the Welsh Government to apply to the copyright holder if it wishes to use such intellectual property. It does not give the Welsh Government the right to freely licence such rights to others.

In an earlier discussion with the WG Head of Library Services, I was informed there was a conflict between Crown Copyright and Open Commons type licensing. I would be grateful if you would provide the source of statement ‘Wikipedia/Wikimedia Commons can now use ‘Crown Copyright’ and what is your understanding of this. When I have received this information, I will be able to investigate further.

You also mentioned the possibility of directly uploading information from a GSI server; unfortunately WG ITC Security policies would not allow a third party to have access to the WG IT infrastructure.

As noted above, the possible merger with the Commission has complicated the licensing of information, and this will not be addressed until after the merger decision has been announced in January 2014. Any discussions would also include Mark Thomas as he and his team are important partners. If the decision is to merge, as noted above the Information Working Group will be investigating copyright. It is anticipated that some of the early decisions will be to identify individual collections and to develop appropriate licensing models for them, which is likely to include OGL.

I hope that the above will answer some of your queries and I look forward to hearing from you..

Yours sincerely

Vince Devine Vince Devine HND, BSc (Hons), MA Rheolwr Gwybodaeth a Hybysrwydd/Knowledge & Information Manager Ymgysylltu a'r Cyhoedd a Llywodraethu/Public Engagement & Governance Cadw

Robin Owain; 17 Ionawr 2014

to Vincent

Hi Vincent

...

Releasing images on the Open Government License is a modern default for most government agents. Cadw is by default OGL as per http://cadw.wales.gov.uk/copyright/?skip=1&lang=en unless it states otherwise (e.g. images or text or other files are identified as third party). Please confirm. That means for example that all images on your website eg http://cadw.wales.gov.uk/learning/resources/castles/earthworkcastle/?lang=en are OGL. Please confirm that the OGL applies to all the images on you website as well as those you have passed on to Visit Wales.

Material released as Crown Copyright cannot be uploaded on open / cc-by equivalent until expired. In this FoIR I note that you did not mention that Cadw had any expired images. Please confirm.

Please also send me your Policy on how and when you apply OGL to media files such as those in question.

Best regards

Robin

Devine, Vincent (Cadw); 12 February 2014

to me, Mark, Andrew

Dear Robin

Thank you for your e-mail and please accept may apologies for the lateness in this reply, this is due to a large number of competing priorities including the development and delivery of workable solutions to the subject of Cadw images and Crown copyright. A number of staff who were formerly associated with Cadw imagery have moved to other positions, a situation that has created time pressures on the few staff who use digital imagery in their work. I have recognised this situation and amended one of my vacant Records Officer posts to focus upon the creation, management and distribution of Cadw Crown Copyright imagery. Cadw is currently undertaking the process to attain the necessary authorisations to fill this post, however, this process can be lengthy. I have undertaken a preliminary assessment of the known collected image repositories (both hardcopy and digital)and the challenge of developing a management plan and embarking upon this management is a significant long term challenge. The Cadw Apple Macintosh suite that is used to store and manipulate some of this imagery is old and failing. Due to the unavailability of parts, we have been forced to take parts from some computers in order to keep others running. I have also undertaken an assessment of this system and my business case to refresh the suite has been successful. I am currently evaluating the quotations that I have received, in order to ensure that the hardware and software can be delivered and that best value can be achieved. When the appropriate vendor has been identified etc, I will begin the process to procure.

I have discussed Crown Copyright with my Line Manager who is the Assistant Director of Governance and Information Management and he has recognised the importance of this subject and will include Crown Copyright management in the section’s Branch Plan. We are developing approaches to Open Government Licencing to other Cadw datasets, such as our Geographical Information System data. This is being undertaken with other partners within the Welsh Government and the Ordnance Survey.

We are progressing with Crown Copyright and licencing in general, as we recognise it’s importance. The simplifying of this licencing will have benefits to Cadw and to it’s partners, stakeholders and customers, although this must be undertaken with reference to any legal issues surrounding Crown Copyright and within the resources available. The appointment of a Photographic and Images Officer and the refreshing of the Apple Macintosh suite will be crucial in this process. I will keep you informed regarding progress.

Yours sincerely

Vince

Vince Devine HND, BSc (Hons), MA Rheolwr Gwybodaeth a Hybysrwydd/Knowledge & Information Manager Ymgysylltu a'r Cyhoedd a Llywodraethu/Public Engagement & Governance Cadw

Robin Owain; 13 February 2014

Vincent

Dear Vincent

My email asked for confirmation of two statements, which surely do not need a battalion of Apple Macs and a cohort of personnel to answer:

1. Cadw is by default OGL ... unless it states otherwise ... Please confirm. 2. Please confirm that the OGL applies to all the images on you website as well as those you have passed on to Visit Wales.

Best regards

Robin

Devine, Vincent (Cadw); 20 February 2014

to me

Dear Robin

Thank you for your e-mail. The answer your enquiries are shown below: -

1: No Cadw has a Delegation of Authority, which allows Cadw to licence Crown Copyright material. OGL is an option, but not a default

2: No, OGL is not the licencing model for the information that we have passed to Visit Wales.

Yours sincerely

Vince Devine

Vince Devine HND, BSc (Hons), MA Rheolwr Gwybodaeth a Hybysrwydd/Knowledge & Information Manager Ymgysylltu a'r Cyhoedd a Llywodraethu/Public Engagement & Governance Cadw

Robin Owain; 21 February 2014

to Vincent

Many thanks Vincent.

Robin

From Robin Owain 14 August 2015

to Vincent, Mark

Hi Vincent

I have a few questions following our past correspondance, which I now email, rather than turning to FoIR.

1a. Is there any change in the licencing of the 3,500 photographs Cadw passed on to Visit Wales?

1b. Have any other images been passed on (to Visit Wales, Visit Britain or any other body)

2. Has OGL now been used on any images created by Cadw or on images commissioned by Cadw?

3. Please confirm that the OGL applies to all the images on you website, as mentioned on that website.

4. On 23/10/2013 I requested (regarding Cadw copyright of images) 'Has a report into this been done and if so can you please send me a copy of that report.'

5. Can you also let me know the income received by Cadw from the sale of images, since my last (FoIR) Income and costs.

6. The following Tweets were made by Cadw in the last few months:

a https://twitter.com/cadwwales/status/628536275910397953 4 July

b https://twitter.com/cadwwales/status/627750992038260737 2 August

c https://twitter.com/visitwales/status/625642171148988416 27 July RT of visit wales

d https://twitter.com/cadwwales/status/625591781636354048 27 July

e https://twitter.com/cadwwales/status/623779901561249792 22 July

f https://twitter.com/visitwales/status/621266343736819712 15 July RT of visit wales

g https://twitter.com/cadwwales/status/621288777571520512 15 July

h https://twitter.com/visitwales/status/620910774287003648 14 July RT of visit wales

i https://twitter.com/cadwwales/status/619414547171049472 9 July

I would like to know:

6.1 the name of the copyright owner of the images Tweeted (please list each one)

6.2 The licence used for each image (eg Crown Copyright, OGL, CC-BY...)

6.3 Cadw's Twitter policy

6.4 Whether or not retweeting these images is an infringement of the image's licence

As we are an open community, your answers may be placed openly on the web.

Many thanks

Robin

From Verity Hadfield (Cadw) 27 August 2015

Swyddog Ffotograffic a delweddau/Photographic and Images Officer

27 Aug 2015; to me, Vincent.Devine

Dear Mr Owain,

Thank you for your request to Vince Devine dated 14 August. As I mentioned in my email dated 18 August, I have been appointed by Cadw to work on the existing image library with a view to making it more easily available and accessible. Please accept my apologies for the delay in responding to you; one of the officers I needed to consult with was on annual leave.

It is our intention to make images as widely available as possible, and we do hope to do so as soon as we can. We would, however, be operating within the framework of our existing IT infrastructure, which does not have the capacity to carry the large amounts of data transfer that would be needed to do this.

Additionally, the Cadw library in its present form is unsuitable for open release as it was originally created and managed by a graphic design team, and was intended to support the design and content of Cadw publications with a data structure that was primarily project-based rather than built as a formal library catalogue.

Consequently, the library now contains a large number of files that were sourced and licensed from third parties for publications, and cannot be released as we do not hold the copyright for them. There is also a very significant collection of images featuring individuals and families who have agreed to allow Cadw to use them for promotional and editorial purposes – but would not have been asked for consent for those images to be made freely available on the terms outlined in the Open Government Licence. We could not reasonably expect individuals to consent to the degree of redistribution and re-use that is permitted with OGL if they did not agree to this from the outset; particularly if the images feature their children.

For this reason, our priority must be to ensure that the library contains only images that are confirmed to be Crown copyright, and have appropriate descriptive metadata to enable users to find them. This will require a complete reorganisation and revamp of our library stocks, alongside the development and implementation of an online delivery system that is fully compliant with Welsh Government ICT Security Rules.

To answer the specific points that you raised in your email:

1a: There is no change to the licensing of the photographs passed on to Visit Wales. They are currently issued under a managed image licence.

1b: No further images have been specifically passed to Visit Wales since the initial transfer of images. Cadw images have been migrated to a central image server operated by Visit Wales, but the images are held separately from the Visit Wales library and Cadw continues to manage their distribution in partnership with the Visit Wales Creative Services Team.

2: At this point, material produced by Cadw, or for Cadw, continues to be issued under a licence that limits its use and onward distribution. The vast majority of requests we receive would fall within the ‘free use’ distribution remit, and thus receive the images without charge. To release material on-line via OGL is currently beyond our means in terms of both capacity and IT infrastructure, so we continue to operate a licensing on request system in order to offer the most practicable service to individuals who wish to use Crown material.

3:All material posted on the website that has not been sourced from third parties can be re-used via the Open Government Licence, in line with Welsh Government Website policy. We do, however, retain the right to licence larger sized versions of these images for promotional use free of charge in compliance with the remits placed upon us by HMSO as part of our Delegation of Authority as we do not have the capacity to make these available online. Similarly, we would still charge fees to license images for commercial use, though this would largely apply only to images placed on items of merchandise. Images used for academic, educational or promotional work would fall within the ‘free use’ category and can be requested and licensed at no charge.

4:As part of my initial investigations into the Image library, I put together a preliminary internal report, which sets out the contents and storage situation with the library. It discusses many of the issues I referred to in my opening preamble above, particularly in relation to storage and descriptions of images. As the document contains images, its file size is too large to email, so I have converted it to a reduced size PDF to fit.

5: No images have been sold during the current financial year.

6.1: The copyright statuses of the images tweeted and retweeted are as follows:

a: Image of White Castle © Skyscan Balloon Photography for Cadw.*

b: Image of Lamphey Bishop’s Palace © Skyscan Balloon photography for Cadw.

c: Images posted by Walesonline for a ‘bucket list’ article with options to share on social media platforms. Shared on Twitter by Visit Wales and retweeted by Cadw under Twitter Terms of Service Rules.

d: Images of Kidwelly Castle and Lamphey Bishop’s Palace © Crown copyright (Cadw)

e: Image of Cilgerran Castle © Crown copyright (Cadw)

f: Image of Harlech Castle © Crown copyright (Visit Wales). Retweeted by Cadw under Twitter Terms of Service Rules.

g: Image of Rhuddlan Castle © Crown copyright (Cadw)

h: Image of Caerphilly Castle supplied to Visit Wales website by Sustrans – appears in the tweet as part of a link to the relevant page. Retweeted by Cadw under Twitter Terms of Service Rules.

i: Image of Tenby from the ‘Britain on View’ website, owned by Visit Britain. Posted by Visit Britain and retweeted by Cadw under Twitter Terms of Service rules.

• 6:1:a I have been advised by the web team that the Skyscan images were tweeted in error as the copyright notices were obscured under the site name banners on the Website's individual site pages where there are galleries of images. The tweets have now been taken down and all images on the website where third party copyright notices are obscured in this manner have had their copyright notices moved to ensure that this does not recur. Skyscan have been contacted to explain the situation, and they are content with this approach.

• 6.2: Images posted on Twitter by Cadw are Crown copyright and are used in compliance with Cadw’s Twitter policy stated below in paragraph 6.3. Crown copyright images are posted with the specific intention of promoting Wales. Retweeting them would (if the user asked to use the image for promotional activity) fall within the ‘free use’ licence remit, and therefore we are content to tweet them in line with Twitter’s Terms of Service as there is a promotional benefit to Wales.

• 6.3: Cadw’s policy is to use only photos that have appeared on the Cadw website, or which have been taken by Cadw staff while on duty using Welsh Government-issued equipment (which automatically renders them Crown copyright). We follow Twitter’s Terms of Service for retweeting, which allows a user to retweet any image already posted to Twitter by another party. As previously stated, images copyrighted to Skyscan were tweeted in error. The copyright holder has been contacted and is content that steps have been taken to prevent such a situation happening again.

• 6.4: As the posting of an image on Twitter constitutes an agreement to the Twitter Terms of Service, the image owner grants a licence for users to retweet images (but only to retweet – they cannot copy the image and use it elsewhere). Cadw therefore retweets images of promotional relevance in accordance with Twitter's Terms of Service.

Kind Regards,

Verity Hadfield

Swyddog Ffotograffic a delweddau/Photographic and Images Officer

Gwasanaeth Amgylchedd Hanesyddol (Cadw)/Historic Environment Service (Cadw)

Adran yr Economi, Gwyddoniaeth a Thrafnidiaeth/Department of Economy, Science and Transport

Llywodraeth Cymru/Welsh Government