Intellectual Property Rights and copyright> Libraries and copyright

If someone carries out a restricted act then they infringe copyright. Information professionals are not themselves liable for a client's copyright infringement, but they may be liable for secondary infringement. This is the case if they have authorised infringement, i.e., turned a blind eye to copyright infringement in their organisation. Although librarians are not obliged to watch everyone's moves, they must be seen to respect copyright regulations to the best of their ability. This includes making sure library users know what they are and are not allowed to do with respect to copying material.

There are a number of books on copyright and copyright courses available targeted towards information professionals and those who are involved in publishing. KWtL, a subscription based online resource which covers the legal issues faced by information professionals and others dealing with information law, is also available.

Libraries and other information centres also need to be aware of copyright exceptions, the most important of which are educational use, fair dealing and library privilege.

Educational use

Works may be copied and used for non-commercial educational purposes. However, this only applies to limited manual copying in the course of, or in preparation for, instruction. Performing, playing and showing of literary, dramatic and musical works to staff and pupils is also allowed under 'educational use'.

Please note: Reprographic copying of works for 'educational' purposes in an institution is NOT permitted. Educational institutions still need to obtain a licence in order to distribute copies of works to its staff and students. However, reprographic copies are permitted for the setting of exam questions.

Fair Dealing

The use of a work may be permitted for:

• Non-commercial research;
• Non-commercial private study;
• Criticism/review;
• Reporting current events.

In these cases, a reasonable proportion of a work may be copied. Typical limits that are mentioned as safe are:

• up to 5% or one article/paper (whichever is greater) in one journal issue or one set of conference proceedings;
• up to 5% or a chapter (whichever is greater) of a book;
• up to 5% or one case (whichever is greater) of one report of judicial proceedings;
• up to 5% of an anthology of short stories or poems or a poem or short story, provided it is not more than 10 pages long.

But such lists should not be taken as definitive, as whether the copying is fair or not, and therefore permitted, is decided on a case by case basis. Fair dealing does NOT cover sheet music, and normally (but not invariably) only ONE copy of the work may be made. If multiple copies need to be made a copyright licence must be obtained.

Library Privilege

This exception only applies to prescribed libraries, i.e., libraries associated with non-commercial bodies. It does NOT apply to commercial libraries, including those of charities. Prescribed libraries are:

• guaranteed immunity against infringement action - as long as rules are followed (stated below); and in particular are
• allowed to make a copy of a work for patrons - as long as it is for a non-commercial purpose.

The rules to follow for library privilege are:

• A form must be personally signed requesting the library to make a copy of the work;
• No risk that substantially the same copied work will be supplied to more than one person at substantially the same time for substantially the same purpose (e.g., students on a course).
• only a single copy may be made for a single patron AT ANY ONE TIME, and never more than a single article from a single journal issue.

If a copy is taken from a monograph, then it should be no more than 10% or one chapter, whichever is smaller. The signed form must follow the wording laid down in the law. The user must make a payment to cover the cost of copying plus overheads, with direct payment being preferred. Ideally, it should be paid before or at the time the copy is provided, but could be done by annual adjustment at the end of the year.

Preservation issues and copyright

Copying work for preservation or to replace an original is another library privilege. Here again, there are rules to follow, these being:

• A copy can be made as long as another copy isn't readily available from a publisher;
• Any library can supply a copy, but only a prescribed library can request it;
• Only material held permanently in its collection, i.e., not on loan to the library, can be copied;
• The material must be reference only - materials that can be lent to patrons cannot enjoy this exception;
• Copying can include digital or microfilm, but any digital copy cannot be networked;
• A prescribed library can copy its own material.

If you want to make a copy of a work for preservation purposes and it does not fall under the exception described above, you should seek permission from the copyright holder. If you are not sure, then it is best to ask the copyright holder if possible.