ALCC libraries copyright training 2012

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Part 1 - copyright basics

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  • In case anyone asks – definition of ‘archive’ under Copyright Act extends to “bodies, whether incorporated or unincorporated, maintaining a collection of documents or other material of historical significance or public interest for the purpose of conserving and preserving that material (and not to derive a profit)”.
  • Originality does not require that the idea or concept underpinning the form of expression is original or inventive, or need an assessment of the artistic merit or quality of the work. Merely that expression ‘originate’ with the author and not be derived or copied from someone else. Copyright does not protect facts! Shopping list capable of copyright protection? Well, information (i.e. List of ingredients and quantities used in recipe) is not protected. Doesn’t need to be novel, merely skill or labour on the part of the copyright owner. Here, copyright owner would have exclusive right to photocopy, reproduce, etc the list – not copyright protection in information in the list.
  • Musical works Original compositions and new arrangements of original compositions Copyright holder is the author of the work BUT copyright in a musical work is distinguished from copyright in the sound recording of that work. The creator of the original musical work has the right to authorise or make the first recording of that work. Is silence capable of being copyright?
  • Musical works Original compositions and new arrangements of original compositions Copyright holder is the author of the work BUT copyright in a musical work is distinguished from copyright in the sound recording of that work. The creator of the original musical work has the right to authorise or make the first recording of that work. Is silence capable of being copyright?
  • Writer of instruction manual, taker of photograph. CA also allows for works of joint authorship. Consider instances in which author will not be first owner of copyright – signed agreement, employee creating work as part of usual duties, commissioned photograph, portrait, engraving; under the direction or control of Cth Newspapers/magazines – generally copyright is divided between the employees and the employers (unless agreement stating otherwise). Before 1 May 1969 copyright is owned solely by the employer. Between 1 May 1969 – 30 July 1998, newspaper owns rights for certain purposes including publication but journalist generally owns rights for all other purposes including copying and book publication. Post 30 July 1998, author owns copyright in book publication and photocopying, newspaper proprietor owns copyright for all other purposes including publishing in magazines, broadcast and electronic publication. Freelance journalists? Generally own their own copyright. Commissioned photographs – before 30 July 1998, client owns copyright . After 30 July 1998, photographer owns copyright unless it was for a private/domestic purpose. Sound recordings – post 1 January 2005, both performer and person who owns recording medium. Performers have limited rights pre 1 January 2005, considered copyright held by record company Oral histories? Recordings of traffic, bird noises? Exercise – identifying the copyright owner; what about copies of copyright works?
  • REFER EVERYONE TO RMIT LIST As a result of the Australia-US Free Trade Agreement, on 1 January 2005 the period of protection for copyright material was extended to 70 years. However, no revival of copyright that expired pre 1 January 2005 (cf. Golan in the US). Prior to AUSFTA, 50 years from end of year in which creator died. I.e. If an author died before 1956, works will be out of copyright. Published editions – 25 years from end of year of first publication ACC has good tables for duration of copyright – cannot show them to you though without infringing copyright. Note – sound recordings pre 1969
  • Mark Twain, died in 1910, unpublished letters offered for sale on microfilm in 2001, extending copyright duration to 2048 – almost 140 years after his death! Copyright duration in film works with script, music, etc Unpublished works with unknown authors and ‘publication’ occurring with deposit - CAL and the State of NSW, the Full Federal Court found that artistic works were published after being deposited in the archives of the Registrar-General of Land Titles to be made available to the public. The Court took a broad construction of what constitutes an act of publication by interpreting it to include the public being able to access the works by visiting the Registrar-General, their local council, and other methods.
  • What do we know so far... exceptions to copyright are not defences to infringement, rather they define the boundaries of the copyright holders’ rights by allowing people to use copyright works without permission for certain permitted purposes
  • Depends whether the copy has appropriated the expression of the original work – and there must be degree of similarity between the two. Can be any part that is important, distinctive, essential. Qualitative question Ask – is there infringement in an article extract? Newspaper headline? Examples of names, titles or slogans which courts have held were not protected by copyright include: • Exxon, a word invented as the name of a corporation; • Opportunity Knocks, the title of a television program; • The Man who Broke the Bank at Monte Carlo, the title of a song; and • “ The resort that offers precious little”, an advertising slogan.
  • Section 39A - sign affixed in close proximity to machines which permit copying of content
  • Explain difference between ‘TPM’ and ‘ACTPM’ – access control TMP. It will always be an infringement to circumvent an ACTM, unless an exception applies – for collecting societies,
  • Explain difference between ‘TPM’ and ‘ACTPM’ – access control TMP. It will always be an infringement to circumvent an ACTM, unless an exception applies – for collecting societies,
  • Beginning of next session.
  • What do we know so far... exceptions to copyright are not defences to infringement, rather they define the boundaries of the copyright holders’ rights by allowing people to use copyright works without permission for certain permitted purposes
  • Educational institutions are permitted to copy a ‘reasonable portion’ of a works and TV or radio broadcasts for educational purposes – which is typically 10%. These licences are administered by CAL and Screenrights. Notably, uses of a reasonable portion of works for educational purposes are covered by the fair use exception in the United States and are free.
  • Educational institutions are permitted to copy a ‘reasonable portion’ of a works and TV or radio broadcasts for educational purposes – which is typically 10%. These licences are administered by CAL and Screenrights. Notably, uses of a reasonable portion of works for educational purposes are covered by the fair use exception in the United States and are free.
  • Format shifting – only between certain for - Books, newspapers and periodicals  different format Photograph hardcopy format  electronic format Analogue  electronicmats
  • Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
  • Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
  • Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
  • Research or study – broadest of fair dealing exceptions – s40 – rigorous statutory guidelines on amounts that can be reproduced (for an approved course of study by enrolled external student of an educational institution). “reasonable portion” – work of at least 10 pages in a published edition – 10% of the number of pages in the edition; or (if divided into chapters) – a single chapter. In electronic form – 10% of the number of words or a single chapter. Comment on The Panel– would my use of an image of the panel be an infringement of copyright – consider whether it comes within fair dealing for criticism or review – is my use a critique of the work? Or merely illustrative? A Current Affair extract showing disguises used to protect identity of persons was not genuine criticism – poking fun cf. Days of Our Lives being a comment on loss of originality and novelty in the show. Sunday Program – drugs in sport – reporting news. Footy Show image of Russian president – for humorous purposes, not parody or satire.
  • For purposes that are “governmental” in nature. Government can authorise anyone (including non government libraries) to deal with copyright material on its behalf. Authorisation in writing, before or after material used Can take advantage of other exceptions, and not limited to ordinary deeming provisions (10% or 1 chapter) Traditionally activities of libraries/galleries etc not considered Governmental Little case law: House of Lords decision in Pfizer v Ministry of Health “supply of medicine to the national health service hospitals for use in the treatment of patients is ‘for the services of the Crown’ (Re Patent law application). Bowen CJ thought it possible this extends to services provided by the Crown or its servants to members of the public
  • Library and archival copying provisions only available to libraries whose collections are available to the public (inc. by interlibrary loan). Under section 52, libraries may also publish an unpublished work where the creator simply is not known, the use will form part of a new work and meets the requirements of section 51. There is no equivalent exception for sound recordings or films. This is not an orphan works exception because it does not apply where the creator or current copyright holder is not locatable and only allows very limited uses. Preservation copying - Under the preservation copying exceptions in sections 51A for works and 110B for other subject matter, a library may make copies for the following purposes: First , to preserve manuscripts or original artistic works against loss, damage, deterioration or to provide a copy for research at another library. Second , to replace a published work that has been damaged, deteriorated, lost or stolen. Third , for ‘administrative purposes’ directly related to the care or control of the collection. This includes educating and training staff and volunteers on the management of the collection, but does not include a reproduction to add to the collection so as to make more copies available for lending. To make a perseveration copy, the library must not be able to obtain a copying within a reasonable time at an ordinary commercial price, or must have a good reason to make the copy. This does not include second hand copies of the work, or later editions of the work. A museum may only make very limited uses of preservation copies – it may not make the work otherwise available to the public. Key cultural institutions may use special preservation copying exceptions under sections 51B for works and 110BA and 112AA for other subject matter. Key cultural institutions have a legislative function of developing or maintaining a collection. Unlike the normal preservation exception, key cultural institutions may make up to 3 pre-emptive copies of material for the purpose of preserving against loss or deterioration for manuscripts, original artistic works, published works, first or unpublished copies of sound recordings, and first or unpublished copies of films. An authorised officer must make a declaration that they are satisfied that the work is of historical or cultural significance to Australia.
  • Does not apply to AV material (s49) – literary, artistic, musical works which have been published
  • Section 49 notice
  • Section 49 notice
  • Section 49 notice
  • Under section 52, libraries may also publish an unpublished work where the creator simply is not known, the use will form part of a new work and meets the requirements of section 51. There is no equivalent exception for sound recordings or films. This is not an orphan works exception because it does not apply where the creator or current copyright holder is not locatable and only allows very limited uses.
  • Preservation copying - Under the preservation copying exceptions in sections 51A for works and 110B for other subject matter, a library may make copies for the following purposes: First , to preserve manuscripts or original artistic works against loss, damage, deterioration or to provide a copy for research at another library. Second , to replace a published work that has been damaged, deteriorated, lost or stolen. Third , for ‘administrative purposes’ directly related to the care or control of the collection. This includes educating and training staff and volunteers on the management of the collection, but does not include a reproduction to add to the collection so as to make more copies available for lending. To make a perseveration copy, the library must not be able to obtain a copying within a reasonable time at an ordinary commercial price, or must have a good reason to make the copy. This does not include second hand copies of the work, or later editions of the work. A museum may only make very limited uses of preservation copies – it may not make the work otherwise available to the public. Since 2006, an institution may now make a reproduction of a published work even if a later edition of the work is commercially available (new s 51A(4)) Authorised officer must make a declaration stating: No new copy of the work can be obtained within a reasonable time at an ordinary commercial price Providing the reason for reproduction of that particular edition
  • Key cultural institutions may use special preservation copying exceptions under sections 51B for works and 110BA and 112AA for other subject matter. Key cultural institutions have a legislative function of developing or maintaining a collection. Unlike the normal preservation exception, key cultural institutions may make up to 3 pre-emptive copies of material for the purpose of preserving against loss or deterioration for manuscripts, original artistic works, published works, first or unpublished copies of sound recordings, and first or unpublished copies of films. An authorised officer must make a declaration that they are satisfied that the work is of historical or cultural significance to Australia.
  • Introduced 2006 – intended to cover uses of material that are for ‘socially useful purposes’ benefiting the broader Australian community
  • ALCC libraries copyright training 2012

    1. 1. Part 1 – the Copyright EssentialsALCC libraries copyright training“Going Digital: copyright and libraries online”Ellen BroadCopyright Law and Policy AdviserAustralian Libraries Copyright CommitteeAustralian Digital Alliancet: 02 6262 1273w: digital.org.aue: ebroad@nla.gov.auThis slide show is licensed under a Creative Commons Attribution Licence
    2. 2. UnderstandingcopyrightbasicsConfusing by Guudmorning ! http://www.flickr.com/photos/kristiand/3223044657/
    3. 3. Copyright law in Australia gives copyright holders exclusive rights to docertain things with their material.But it is recognised that...Copyright law must strike a balance between providing an incentive to createworks and allowing users (and other creators) reasonable access to copyrightmaterial.
    4. 4. Requirements for copyright protection:Can only be form of expression of informationExpression must be in material formThe work must have an authorThe work must be originaloriginality of expressionnot underlying ideaDrugged shopping list, by way openinghttp://www.flickr.com/photos/book_slut/1333441368/
    5. 5. What is protected?•Literary works•Musical works, including accompanyinglyrics•Dramatic works, including accompanyingmusic•Artistic works•Choreographic works•Films•Animations, software•Sound recordings•Published editions•Broadcastings
    6. 6. Types of literary and artistic works inlibraries: BooksManuscriptsPoetryPeriodicals and JournalsDissertations and thesesReportsPhotographsPamphlets/brochuresTextbooksReference worksCataloguesDirectoriesPaintings, cartoons, sketchesSoftwareWebsites and online worksE-mail messages
    7. 7. Subject matter other than works:FilmsCommercialsDocumentariesRaw footageTV programsHome moviesOne motion picture may have layers ofcopyright, in the:ScoreMusicLyricsScriptScreenplayFilm recordingSound recordingsRecordings in any formatCopyright holder is the maker of thesound recording – i.e. the record companyand performer – distinguish fromcopyright in musical recordingIf a live performance, each performer isalso considered a maker of the soundrecording.
    8. 8. What rights are protected?•Reproduction - copying of a work in anyformat•Publication – right to make the workpublic for the first time•Public performance and communication –including electronic communications•Adaptation – i.e. translations
    9. 9. Moral rightsRelatively new – introduced in 2000Not a ‘copyright right’Inalienable rights which cannot be assignedInclude:AttributionPrevention of false attributionEnsuring integrity of authorship – right toobject to mutilation, distortion, any actprejudicial to author’s honour or reputation
    10. 10. Who is the owner of copyright?Generally the “author” of the work– the person who translates theidea into a material form.In sound recordings, the “maker”of the work – can be performersand record producersFilms – generally producer of thefilm; but only in moving image andsound – note, there can be multiplelayers of copyright in one work!Employers – generally, employersown copyrightNewspaper clippings table by carmichaellilibraryhttp://www.flickr.com/photos/carmichaellibrary/3820957471/
    11. 11. Duration of copyrightIf a work is published during the life of the author – generally 70years after end of year of author’s death (literary, dramatic,musical, artistic works)Film and sound recordings – generally, 70 years from end ofyear of first publication – remember there may be a number ofunderlying works in one film or CD!Television and sound broadcast – 50 years from end of year inwhich broadcast madePhotographs – generally, 70 years after the end of the year ofauthor’s deathCrown copyright?...unpublished works?
    12. 12. Unpublished worksIf material was never published,copyright would not expire‘publish’ – make available to public as awholeWorks unpublished at the date of theauthor’s death, or which do not have aknown author from which to calculatethe date of death (orphan works) –copyright term begins from date of firstpublication after death
    13. 13. Use of a copyright work in one of the ways exclusivelyreserved for the copyright holder (i.e. reproduction,publication, communication) without their permissionwill be an infringement of copyright...unless a limitationor exception applies.
    14. 14. When can you use copyright workswithout the right holder’s permission?•The material is in the “public domain”•You are not using a “substantialportion”•The use is in accordance with a CC orother licence•An exception or limitation applies
    15. 15. Infringement of copyrightGenerally, copyright is infringed if the work, or a “substantialpart” of the work, is used without permission in one of theways exclusively reserved by the copyright owner…Copyright can also be infringed where there is:AuthorisationImportationCommercial dealings with pirate materialAllowing the use of a venue for infringingperformance/screeningCelebrity Shorts 1 Screening 12 by Canadian Film Centrehttp://www.flickr.com/photos/cfccreates/5804695110/
    16. 16. AuthorisationSection 39A, s49 noticessection 49 – supplying digital copies to library/archive usersCOMMONWEALTH OF AUSTRALIACopyright Regulations 1969WARNINGThis material has been provided to you pursuant to section49 of the Copyright Act 1968 (the Act) for the purposes ofresearch or study. The contents of the material may besubject to copyright protection under the Act.Further dealings by you with this material may be aninfringement of copyright…
    17. 17. Circumvention of Technological Protection Measures (TPMs)Digital ‘locks’ preventing people from using works in certain ways and/or accessingcopyright works.Exceptions allowing the circumvention of TPMs:Where the copyright owner permits itRegion coding (DVDs, games)Interoperability with computer programsMaking of preservation copiesProviding works to users and other libraries under section 49 and 50
    18. 18. Video: Copyright – Forever Less One Day by CGPGreyhttp://www.youtube.com/watch?feature=player_embedded&v=tk862BbjWx4#!
    19. 19. Study study by lethaargic http://www.flickr.com/photos/lethaargic/3660097148/Fair dealingFlexible dealingLibrary and archival copyingConsumer copyingUSE OF COPYRIGHT WORKS
    20. 20. Use of a copyright work in one of the ways exclusivelyreserved for the copyright holder (i.e. reproduction,publication, communication) without their permissionwill be an infringement of copyright...unless a limitationor exception applies.
    21. 21. Limitations1. Duration of copyright - first of all, has the work beenpublished? And if so, calculate its copyright term limit(Generally 70years after the death of the author). If the material is out ofcopyright it is in the public domain and available for free use and re-use.What about unpublished works?2. Threshold for material to be copyright – authorship, materialform, originality3. Statutory licences – removing the need to obtain permission touse certain works (educational institutions, Commonwealthagencies)
    22. 22. Exceptions(1) Private copying(2) Fair dealing(3) Crown Copying s 183 (NOT FREE)(4) Educational Licenses (NOT FREE)(5) Library and archive exceptions(6) Flexible dealing
    23. 23. Exceptions – private copyingNot available to organisations or institutions –‘private and domestic use’Time shifting - recording TVprograms or radio to watch orlisten to at another timeFormat shifting - i.e. scanningphotographs to put on a CD;converting CD to digital files***Shifting music between devices(‘the iPod exception’) – ‘spaceshifting’ iPod touch – My PDA by MJ/TRhttp://www.flickr.com/photos/mujitra/3516968781/
    24. 24. Exceptions – Fair DealingAllows use of a work for:Research or study (s40) – with limits on amount of the work that can bereproducedCriticism or review (s41) – must involve analysis or critique of the work –cannot be merely illustrative.Parody or satire s41A) – must offer comment on the workReporting of news (s42)As well as professional legal privilege andjudicial proceedings
    25. 25. Fair Dealing for research or study (s40)Certain quantities are ‘deemed’ fair:Hardcopy = 10% of pages or 1 chapterElectronic = 10 % of words or 1 chapterPeriodicals = 1 article (more than 1 if it relates to thesame research or course of study)If you wish to copy more, or are copying an artistic work- need to consider a number of factors to decide if it’sfair.
    26. 26. Fair Dealing for research or study (s40)Factors to consider include:•the purpose and character of the work•the nature of the work or adaptation•the possibility of obtaining the work within a reasonable time at anordinary commercial price•the effect of the dealing upon the potential market for, or value of, thework or adaptation; and•in a case where part only of the work or adaptation is reproduced; theamount and substantiality of the part copied /taken in relation to thewhole work or adaptation.NOTE : THIS DOES NOT APPLY TO AUDIO VISUAL MATERIALAND THERE’S NO GUIDANCE FOR COPYRIGHT IMAGES (ARTISTIC WORKS) –NEED TO CONSIDER ALL THE FACTORS BEFORE COPYING
    27. 27. Other fair dealing exceptions:Criticism or review (s41) – must involve analysis or critique of the work –cannot be merely illustrative.Parody or satire s41A) – must offer comment on the workReporting of news (s42)As well as professional legal privilege andjudicial proceedingsCan I insert a picture of TV showThe Panel here to illustrate theFederal Court proceedings?
    28. 28. Crown copying exception - section 183Certain Commonwealth, State and Territory government bodies canuse any copyright materials provided the purpose is for the service ofthe Commonwealth, State or Territory.Who?•Commonwealth, state and territory departments – it does not apply tolocal governments•Some government agencies and statutory bodies (may need legal advice)•Educational purposes within educational institutions specifically excluded.For the services of governmentCould non-government libraries/archives ever use s183? Couldeducational institutions use s183 for non-educational purposes?
    29. 29. Crown copying exception - section 183-They are exempt from infringement-Need not ask permission in advance BUT must notify the copyrightowner afterwards unless contrary to the public interest.-If they have an agreement that allows a collecting society toadminister s183 copying then they need not notify the copyright ownerat all.-Not a free exception
    30. 30. Statutory LicencesParts VA & VB Copyright ActPart VA: License for the copying and communicating of broadcasts(TV, radio, cable, satellite). License managed by ScreenrightsPart VB: License for the copying and communication works (hard copy& electronic) by educational institutions. License managed by theCopyright Agency Limited
    31. 31. Educational licences•Allows educational institutions to use copyright material foreducational purposes only.•Not exceptions but rather a system for remuneration for use ofcopyrighted material.•If an exception applies, or if you have permission from the copyrightholder you do not need to rely on these licenses.
    32. 32. Part VA – broadcast material•Allows educational institutions to copy audio-visual off-air broadcastmaterial which has been made available online by the broadcaster (egTV programs, podcasts).• No limitations on amounts that can be copied• Labelling requirements for copied items• If communicated (eg by email), a copyright warning notice required
    33. 33. Part VB – literary, dramatic, musical works•Allows educational institutions to make as many copies as neededBUT the amount is limited:• 10% of books and published works•10% (or 1 chapter) of electronic literary, dramatic or musical worksInsubstantial Portions:Educational institutions can communicate an ‘insubstantial portion’ forfree, i.e. 1%, without having to use the statutory licenses.Does not apply to musical or artistic works, and can’t copy anotherinsubstantial portion from the same work within 14 days.Must be done within institutional premises, for educational purposes.
    34. 34. Part VB – literary, dramatic, musical worksThe whole or part of an article contained in a periodical publication. Thewhole or part of 2 or more articles can only be copied if they relate to thesame subject matter.Artistic works can only be copied if they accompany other literary/dramaticworks OR if they are not separately published.Unavailable works:The whole or part of a work can be copied if the work can’t be obtainedwithin a reasonable time at an ordinary commercial price.
    35. 35. Library/archive copying exceptionsUser copying (document supply) (s49)Inter library/archive loan (s50)Unpublished works (s51 and 110A) – 50 years after the creator’s death,archives can make copies of unpublished works, sound recordings and filmsfor the purposes of research or study or with a view to publication.s52 – unpublished work where the creator is not knownnot an orphan works exceptionPreservation copying (s51A for works, s110B for films, sound recordings) –only if a copy cannot be obtained within a reasonable time frame atordinary commercial price, for limited uses and reasons‘Key cultural institutions’ and special preservation copying exceptions –only available to libraries with a mandate to develop and maintain acollection (i.e. NAA, NFSA, state libraries).Commercial/corporate libraries?
    36. 36. Document supply and interlibrary loanI. Libraries & archives can reproduce &communicate articles and works to users for‘research & study’ (s49)II. Libraries & archives can reproduce &communicate articles and works to another library forinclusion in their collection; orto supply a user under s 49. (s50)
    37. 37. A library/archives can copy a reasonable portion ofpublished works held in its collection for a user’sresearch & study purposes.What is a reasonable portion?Same as the “deemed fair” quantities under the fairdealing provision -Hardcopy = 10% of pages or 1 chapterElectronic = 10 % of words or 1 chapterPeriodicals = 1 article (more than 1 if it relates to thesame course of research or study
    38. 38. Limitations of s49• If supplying more than a ‘reasonable portion’ thelibrary must first consider a number of factors• If work is supplied electronically, the library mustattach a copyright warning notice AND must destroyany electronic copies made during the process ofproviding the copy as soon as practicable
    39. 39. Factors to consider - The commercial availability test•when the person requesting the copy needs it•whether the work can be obtained in electronic formwithin a reasonable time, at an ordinary commercialprice•the time it would take to deliver the copy to therequesting person.
    40. 40. Declaration requiredUser must make a request and a declaration in writing(except in the case of long distance users), that:•the reproduction is required for research or study•that it won’t be used for any other purpose•that it has not been previously suppliedLibrary must retain records of these declarations for 4years.
    41. 41. The library officer must be satisfied that:•The published work being supplied cannot be obtainedwithin a reasonable time at an ordinary commercial price(don’t have to consider 2ndhand copies)•The person making the request is the person who willbe receiving the material•The declaration that has been provided is not untrue inany way.
    42. 42. Copying works for other libraries and archives (s50)Libraries & archives can reproduce & communicate articlesand works to another library :• to supply a user under s 49;• for inclusion in the other library’s collection; or• to assist a member of parliament.
    43. 43. For the purposes of inclusion in a collectionCopies made for the purpose of inclusion in a library’scollection can only be made once, unless the initial copywas lost, damaged or destroyedIn this case, the requesting library immunity does notapply unless a declaration to this effect is made
    44. 44. Section 50 limitations• In general, there are the same limitations depending onhow much is requested, and then, if more than areasonable portion, whether the work is commerciallyavailable• Generally, the same rules for reasonable portion as before -10% or 1 chapter, 1 article or more if relating to the sameresearch or course of study.
    45. 45. Points to noteIf copying to assist a parliamentarian in theirduty, don’t have to worry about reasonableportion or check if commercially available.If supplying a document that is originally inelectronic form – you must always ask if it’scommercially available (ie there is no automaticreasonable portion)
    46. 46. The declarationAs soon as practicable after the request is made an authorisedofficer must make a declaration:•Setting out the particulars of the request, including thepurpose for the request AND•Stating that after reasonable investigation, the authorisedofficer is satisfied that a copy of the work can’t be obtainedwithin a reasonable time, at an ordinary commercial price
    47. 47. Copying unpublished works50 years after the year the creator died:If library or archives has an unpublished literary, dramatic ormusical work, photograph or engraving, or recording or filmThe library can reproduce or communicate the work to a userfor the purpose of research or studyCan be published in limited circumstances - when you don’tknow who the owner, you must put a notice in theGovernment Gazette.(s51, s52 & s110A)
    48. 48. Preservation CopyingTo preserve manuscripts or original artistic works against loss,damage, or deterioration or to provide a copy for research atanother library or archives*To replace a published work that has been damaged ordeteriorated, lost or stolen*For ‘administrative purposes’: purposes directly related to thecare or control of the collection*Subject to the ‘commercial availability’ test
    49. 49. Preservation copying for key cultural institutionsAllows ‘key cultural institutions’ to make up to 3copies from the work for the purpose of preservingagainst loss or deterioration.
    50. 50. Exceptions – Flexible Dealing (s200AB)Available online at:http://libcopyright.org.au/our-work/library-resource/section-200ab-flexible-dealing-handbook-onlineAlso:Copyright in Cultural Institutions Group‘Flexible Dealing and Cultural Institutions’http://pandora.nla.gov.au/tep/126143

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