Libraries and other cultural institutions with collections (such as archives, galleries and museums) can make certain uses of copyright content without the permissions usually required.
Australian copyright legislation includes special provisions to allow libraries to copy and communicate text and images to:
- supply to clients for research or study from the library’s collection or from another library’s collection
- add to a collection from another library’s collection
There are also special provisions that allow libraries and other collections to:
- preserve items in the collection
- replace lost, stolen or damaged items
- make certain ‘administrative’ uses
- use material in other ‘special cases’
Each of the special provisions has conditions and limitations.
research or study
A library can supply certain published text and images to its clients for their research or study, without the permissions otherwise required.
The main requirements are:
|1. Client request
|A client has requested the material for their research or study
|2. Public collection
|The requested material is in a collection that is available to the public. Either the collection of:
|3. Written statement
|The library has a written statement setting out the particulars of the request from either:
a) the client that:
i) they request the material for their research or study,
b) an authorised person in the library that:
i) the client requested the material for their research or study,
|4. Assessment of request
|An authorised person in the library must check that there is nothing material in the client’s request that they know to be untrue.
|5. Statement kept four years
|The library must
|6. Copying limits
|The library may not supply an entire work unless it is:
Otherwise, the library may only supply a ‘reasonable portion’ (e.g. 10% or a chapter of a text work).
* A library can supply more than one article from the same periodical publication only if it is on the same subject.
|7. ‘Marking’ of copies
|The library must ‘mark’ copies with the date they were reproduced and the name of the library.
|8. Charge = cost recovery
|Any charge for supply of the material must not exceed the cost of making and supplying the copy.
|9. Information accompanying communications
|An electronic communication (e.g. by fax or email) of requested material must be accompanied by a statement that the material:
|10. Deletion of communicated copy
|A copy that has been communicated to a client must be deleted by the library as soon as practicable.
Libraries and other institutions with collections can make preservation (backup) copies of ‘original versions’ in their collections such as:
- manuscripts (writing and music scores)
- original artworks (e.g. paintings, drawings, limited prints)
- the ‘first record’ of a film or sound recording
‘Key cultural institutions’ can also make preservation copies of:
- a published work, film or recording that is not available to purchase
- rare editions
Institutions (including those that are not ‘key cultural institutions’) can make preservation copies in other situations under the ‘special case’ exception.
Preservation copies of artworks can be displayed on a ‘dumb’ terminal on the institution’s premises if the original has been lost or has deteriorated, or become too unstable to display.
INSTITUTIONS THAT ARE PART OF A GOVERNMENT
Institutions with collections that are part of the Commonwealth or a State or Territory government can do anything for ‘government purposes’, provided they are covered by arrangements for fair payment or (in some cases) notify the copyright owner.
The obligations to deposit material with the National Library have recently been extended to cover (from February 2016) digital content, including content published online (when requested by the library).
AUSTRALIAN COPYRIGHT COUNCIL
The Australian Copyright Council‘s services for the library sector include information sheets, detailed guides, an annual training program and a legal advice service.Share Tweet