Copyright FAQ's

The library's role in ensuring copyright compliance
Q. What responsibility does the library have in limiting or preventing unauthorised copying or use?
Updating the format of audio-visual material
Q. If a library owns a number of videotapes, but no longer owns the equipment to view them,can the material be transferred to DVD?
Use of internet material for document supply
Q. Is a library able to copy from the internet at the request of a library user?
Liability for infringing items held within a library's collection
Q. Is the library responsible for checking that a photocopy which a lecturer wants to put into a closed reserve collection was made in compliance with copyright law?
Abstracts
Q. Are abstracts protected by copyright? Does a library need permission from the copyright owner to produce its own abstracts?
Terms
Q. How long does copyright last?
Photographs
Q. Are photographs still protected by copyright?
Supplying another copy of a lost article
Q. May a library supply another copy of an article to a library user which he or she has previously lost?
Articles that do not relate to the 'same subject matter'
Q. Is it possible for a library user to receive a copy of more than one article from an issue of a journal where the articles are not on the same subject?
Good faith notices
Q. If a copyright owner cannot be located, will a library be protected from liability if it posts a notice telling others that the library has made every attempt to find the copyright owner?
Copying legislation and court judgements
Q. May a library copy legislation and court judgements for library users?
Supplying documents to libraries and library users in other countries
Q. May a library supply material under the library copying provisions of the Copyright Act to overseas libraries and library users?
Making and supplying copies of published works
Q. When may a library make and supply a document to another library under section 50 of the Copyright Act 1968?
Copying contents pages from current journals
Q. Does the Copyright Act allow a library to copy and distribute contents pages from current issues of periodical publications?
Filing copyright declarations in chronological order
Q. When filing copyright declarations (in chronological order of date of declaration), which way do you file - 31 May (on top) back to 1 May, or 1 May (on top) back to 31 May? Does it matter?
Retention of declarations
Q. How long must a library retain section 49 request/declaration forms? What about requests for library-to-library document supply under section 50?
Copying/downloading from the internet
Q. Is a library able to download and/or print out material from the internet?
Copying for 'vertical files'
Q. Is it possible to copy selected articles from a library's collection for 'vertical files' without infringing copyright?
Document supply by fax and post
Q. If a library has supplied a document by fax, can it then supply the 'clean copy' by post?
Back-up copies of audio-visual material
Q. Can a 'back-up copy' of a video cassette or compact disc be made in case the original is stolen or lost?
Defining 'periodical publication'
Q. What is a 'periodical publication' for the purposes of the Copyright Act 1968?
The binding force of copyright notices
Q. Some books and magazines come with copyright notices on the first few pages which state, for example, that the item cannot be lent, distributed or reproduced in any manner. These notices also sometimes appear on video cassettes. Are these notices binding?
Multiple requests in one s.49 form
Q. Is it possible to request more than one article or document in one signed request and declaration form under section 49?
Lending CD-ROMs or diskettes
Q. Are libraries able to lend physical-format digital materials such as CD-ROMs or computer diskettes?
Electronic signature and library-user requests for document supply
Q. Can library-user request and declaration forms for documents requested under section 49 be sent to a library by e-mail?
'Reasonable time' and 'ordinary commercial price'
Q. What steps must be taken to determine that 'a copy' (not being a second-hand copy) cannot be obtained 'within a reasonable time at an ordinary commercial price'?
Copying 'out-of-print' works
Q. If a work is 'out-of-print' can it be copied by a library in its entirety?
Copying for 'preservation'
Q. In what circumstances does the Copyright Act permit a library to make copies in order to 'preserve' items?
Definition of 'library' under the Copyright Act 1968
Q. What is a 'not-for-profit' library?
Scanning newspaper articles
Q. Is a library able to scan newspaper articles of relevance from print form into an electronic database which can then be accessed via an intranet?
Copyright licensing
Q. Can a library be covered by, or rely on, more than one copying licence? For example, if a government library which is covered by the section 183 licence agreement (copying for government purposes) also has an educational copying licence, can the library rely on, or be covered by, both?
Digitising works no longer protected by copyright
Q. If a work, such as Shakespeare's The merchant of Venice for example, is no longer protected by copyright, can a library scan the front cover of a collection of Shakespeare's plays which was published six months ago?
Commercial rental arrangements
Q. When will lending actually be a 'commercial rental arrangement' for the purposes of the Copyright Act?
Educating users about copyright obligations
Q. Some of my library users don't understand when I tell them they can't do something because it breaches copyright. How can I get this message across?

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