Copyright and library - Information and Records Management - University of Canterbury - New Zealand

Library and Copyright

Under section 50 of the Copyright Act 1994 libraries and librarians have special rights. The table below sets out these provisions.

Type of Work

What you are allowed to do

Important Limitations

Section

Literary, dramatic, musical work - published book

Copying for library user's research or private study reasons

  • No person can be supplied on the same occasion with more than one copy
  • Copying must be at specific request of the individual user (or another prescribed library user) for their own purposes. Copy can not be further copied
  • Copying limited to a “reasonable proportion” of book or one article in a periodical. More than one article may be copied from the same issue if they relate to the same subject matter
  • Includes artistic work only if included in work copied
  • Library may charge no more than copying cost and a reasonable contribution to expenses
  • Excludes computer programs
  • When a digital copy is supplied, the librarian must give the user a written notice setting out terms of use of the copy. Any additional copy made in the digital copying process must be destroyed as soon as practicable

51 - 53

Literary, dramatic, musical work - published book

Copying for collections of other prescribed libraries, where work unavailable for purchase

  • Librarian of other library must have been unable to obtain the work at an ordinary commercial price within preceding 6 months. Record of copying to be kept
  • Copyright owner may inspect record and may request payment of equitable remuneration
  • Includes artistic work only if included in work copied
  • Excludes computer programs
  • When a digital copy is supplied, any additional copy made in the digital copying process must be destroyed as soon as practicable

54

Any item in library collection

Copying for preservation or replacement in own library

  • A copy (other than digital copy), may be made and placed in the library collection in addition to or in place of the item, but can only be made where it is not reasonably practicable to purchase a copy of the item to fulfil the purpose
  • Digital copy can only be made for preservation in own library if (a) the original item is at risk of loss, damage or destruction, (b) the copy replaces the original item (c) original item is not accessible to the public (except if research requires access to original), and (d) it is not reasonably practicable to purchase a copy of the original item to fulfil the purpose             

55

Any item in library collection

Copying for replacement of an item that has been lost, destroyed or damaged in another prescribed library

  • A copy may only be made where it is not reasonably practicable to purchase a copy of the item to fulfil the purpose

55

Unpublished works

Copying for library user's research or private study purposes

  • Limitations as per ss51 - 53
  • Not allowed if copyright owner has prohibited copying

56

Digital work

Communication of a digital copy (eg. via email, onsite access, remote access) to authenticated library users

  • The librarian must have obtained the digital copy lawfully
  • The librarian must ensure that that each user is given written information about copying and communication limits under the Copyright Act
  • The digital copy must be communicated in a form that cannot be altered/modified
  • The number of users able to access the digital copy at any one time is limited to the number of copies purchased or licensed by the library
  • Can only be communicated to users who have a legitimate right to use the library services and
  • can access the material only through a verification process (such as a user password)

56A

Licence extensions to Librarians' Rights

Screenrights - broadcast licence

  • Make a copy for inclusion in the library.
  • Update old copies into digital format to keep in the library as a resource

Bequests, donations and loans in the library collection

Within the Library's collection are many items acquired by bequest, donation or loan. Some of this material is still in copyright, and some has been accepted under special conditions.

The Library has a responsibility to ensure that the material in its care is used in a way consistent with the undertakings made at the time of acquisition, and which takes cognisance of cultural and personal sensitivites, and upholds the integrity of the original item. While every effort is made to ensure that the Library's collections are free of legal restrictions and available for public use, the user has the responsibility for clearing copyright and for meeting any other requirements applying to the item.

NB: In giving original unpublished material to the Library, the donor may impose restrictions on its publication (sometimes including its use), which are independent of, and may continue after, the expiration of copyright.

Please see the University Library Archivist (Erin Kimber) for further information on reproducing material from unpublished collections.