A presentation given at National Library NZ in June 2015 on library copyright issues. Please see attribution slide for copyright licencing. Unless otherwise indicated, the presentation is licensed CCBY4.0 (https://creativecommons.org/licenses/by/4.0/) by the Australian Libraries Copyright Committee.

1. Pirates, ancient maps
and buried treasure
(aka library copyright)

3. •Discovery
•Accessibility
•Preservation
•Empowering patrons

5. • Score
• Music
• Lyrics
• Background
music
• Sound recordings
• Script
• Underlying work
• Screenplay
• Costume design
• Artworks
• Film recording

7. International Domestic Norms
WIPO Copyright Act Practice
TPP Licences Protocols
By Trish

11. London Eye in London, CC-BY-SA Kham Tran

13. Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke
University http://www.publicdomainday.org/node/39 CC BY 3.0

14. 0
50
100
150
200
250
300 1800
1810
1820
1830
1840
1850
1860
1870
1880
1890
1900
1910
1920
1930
1940
1950
1960
1970
1980
1990
2000
Estimated Number Titles Available
on Amazon by Decade
Fiction &
Non-
Fiction
Books
Heald, Paul J How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)
LBSS14-07, Illinois Public Law Research Paper No. 13-54 http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=227781

16. •Criminalise legitimate
uses
•Unadaptable framework
•Administrative burdens
•Practical impossibility

17. •Additional or pre-established
damages
•Aiding and abetting

18. Each Party shall endeavor to
achieve an appropriate
balance in its copyright and
related rights system, inter
alia by means of limitations
or exceptions that are
consistent with Article
QQ.G.X, including those for
the digital environment,
giving due consideration to
legitimate purposes such as,
but not limited to, criticism,
comment, news reporting,
teaching, scholarship,
research [CL/MY propose181:
,education, ] [CL propose:
and persons with
disabilities]
[US/MY/SG/CA/PE/BN/MX/
VN propose: , as well as
facilitating access to
published works for persons
who are blind, visually
impaired, or otherwise print
disabled]182 183.
With respect to Section G, each
Party shall confine limitations or
exceptions to exclusive rights to
certain special cases that do not
conflict with a normal exploitation
of the work, performance, or
phonogram, and do not
unreasonably prejudice the
legitimate interests of the right
holder.
Article QQ.G.X.1 neither reduces
nor extends the scope of
applicability of the limitations and
exceptions permitted by the TRIPS
Agreement, Berne Convention [VN
propose: Rome Convention,] the
WIPO Copyright Treaty, and the
WIPO Performances and
Phonograms Treaty. 180

21. Trish’s

25. Preservation

27. Accessibility

29. 43Research or private study
(1)Fair dealing with a work for the purposes of research or private study does not
infringe copyright in the work.
(2)For the avoidance of doubt, it is hereby declared that fair dealing with a published
edition for the purposes of research or private study does not infringe copyright in either
the typographical arrangement of the edition or any literary, dramatic, musical, or artistic
work or part of a work in the edition.
(3)In determining, for the purposes of subsection (1), whether copying, by means of a
reprographic process or by any other means, constitutes fair dealing for the purposes of
research or private study, a court shall have regard to—
(a)the purpose of the copying; and
(b)the nature of the work copied; and
(c)whether the work could have been obtained within a reasonable time at
an ordinary commercial price; and
(d)the effect of the copying on the potential market for, or value of, the
work; and
(e)where part of a work is copied, the amount and substantiality of the
part copied taken in relation to the whole work.
4)This section does not authorise the making of more than 1 copy of the same work, or
the same part of a work, on any one occasion, but in this subsection copy does not
include a non-infringing transient reproduction to whichsection 43A applies.

30. (a) research or study;
(b) criticism or review;
(c) parody or satire;
(d) reporting news;
(e) professional advice;
(f) quotation;
(g) non-commercial private use;
(h) incidental or technical use;
(i) library or archive use;
(j) education; and
(k) access for people with disability.

31. (a) the purpose and character of the use;
(b) the nature of the copyright material used;
(c) in a case where part only of the copyright
material is used—the amount and substantiality of
the part used, considered in relation to the whole of
the copyright material; and
(d) the effect of the use upon the potential market
for, or value of, the copyright material.

33. • What are you doing?
• What are you using?
• How much are you using?
• What about the copyright holder?

34. (a)the purpose of the copying; and
(b)the nature of the work copied; and
(c)whether the work could have been obtained within
a reasonable time at an ordinary commercial price;
and
(d)the effect of the copying on the potential market
for, or value of, the work; and
(e)where part of a work is copied, the amount and
substantiality of the part copied taken in relation to
the whole work.

35. Is the use fair?

38. •Discovery
•Preservation
•Accessibility
•Empowering patrons

39. Meanwhile….

41. Picture Credits
Slide 2: Books on desk by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.
Slide 4: Map of North Isalnd NZ. No known Copyright Please acknowledge 'Sir George Grey Special Collections, Auckland Libraries, NZ Map 194'
when re-using this image. Wellington Library Photo taken during New Zealand Post Writers & Readers Week 2010 File Reference:CCL-WRW2010-
P1070563 From the collection of Christchurch City Libraries CCBYNCSA, Friday 17 April 2015. Photo by Donna Robertson File reference: 2015-04-17-
IMG_6761 From the collection of Christchurch City Libraries. Story time Te Wā Korero: Courtney, Richard Naked man fishing 193? Public domain
from collection of State Library Victoria: Dorotella black tabby spotted and white female kitten CCBY2.0 Pieter & Renée Lanser adapted with
addition of bars and words by Trish Hepworth CCBY4.0: braille children’s book at Visibility, photo Trish Hepworth CCBY4.0 : triptych of public
domain images The Scream by Edvard Munch, Composition 2 in Red, Blue and Yellow by Piet Mondrian and cover image from 'La Tribune' 1897 by
Giovanni Mataloni Slide 3: Kangaroo: FR Morris Collection Public Domain altered by Trish Hepworth CCBY 4.0, using ‘moustache’ from Pixabay CC0
and Monitor Trish Hepworth CCBY 4.0
Slide 5: Film by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.
Slide 6: Kangaroo: FR Morris Collection Public Domain altered by Trish Hepworth CCBY 4.0, using ‘moustache’ from Pixabay CC0 and Monitor Trish
Hepworth CCBY 4.0
Slide 7: Berne: Peter Gronemann CCBY 2.0, Parliament House Canberra: Trish Hepworth CCBY4.0, William Shakespeare; copper engraving of
Shakespeare by Martin Droeshout - Beinecke Rare Book & Manuscript Library, Yale University PD altered by Trish Hepworth CCBY 4.0
Slide 8: Red Onion: Darwin Bell CCBY 2.0
Slide 10: London Eye in London, Kham Tran Creative Commons Attribution-Share Alike 3.0 Unported
Slide 12: Secret TPP negotiations © Open Media Canada, used with permission
Slide 13: Balfour Smith, Canuckguy, Badseed. - Original image by Balfour Smith at Duke University CC BY 3.0
Slide 14: Copyright Heald, Paul J How Copyright Makes Books and Music Disappear (and How Secondary Liability Rules Help Resurrect Old Songs)
LBSS14-07, Illinois Public Law Research Paper No. 13-54: used with permission
Slide 15: "Locks" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.
Slide 16: "Preservation monitor at the National Library of Australia" by Trish Hepworth is licensed under aCreative Commons Attribution 4.0
International License.
Slide 17: Forex Money for Exchange in Currency Bank epSos.de CCBY2.0
Slide 18: Laneway Public domain
Slide 19 Terracotta Army Pit 1 - 2CC BY-SA 3.0 Maros
Slide 20: Paris Tuileries Garden Facepalm statue photo CC BY 2.0 Alex E. Proimos
Slides 21&22: See slide 4
Slide 23: Opensourceway (CC BY-SA 2.0)
Slide 24: Screen shot “Copyright Hunter” Australian War Memorial, text Creative Commons Attribution-NonCommercial 3.0 Australia (CC BY-NC 3.0
AU) license. Image Bean, Charles Edwin Woodrow (C E W) Copyright expired - public domain
Slide 25: "Collection Photocopies at State Library WA" byTrish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.
Slide 27&34: See slide 4
Slide 28: Brass weight scales with cupped trays. Created with POV-ray Toby Hudson CCBYSA 3.0
Slide 30: Background “Lock” by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.
Slide 31&33: Trg Republik by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.
Slide 35: Trg Republik by Trish Hepworth is licensed under aCreative Commons Attribution 4.0 International License.
Slide 36: Screen shot Digital NZ
Slide 37: Open Access logo CC0
Slide 38: "Work in Progress" by Trish Hepworth is licensed under a Creative Commons Attribution 4.0 International License.