Interlibrary Loans and Copyright

LIBRARIES, INTERLIBRARY
LOANS AND COPYRIGHT
Lisa Redlinski
By Skibaa1 (Own work) [CC BY-SA 3.0 pl (http://creativecommons.org/licenses/by-sa/3.0/pl/deed.en)], via Wikimedia Commons

An extensive knowledge of every nuance of copyright law is notrequired for
successful (and legal) operation of an ILL department. - Lee Andrew Hilyer
You can know a city even if you haven’t walked through every street.
Cheffins's Map of English & Scotch Railways, 1850.jpg
Wikimedia

I’m not a lawyer. Consult with your
library administration and/or
institutional counsel before setting
departmental policies.
Wikimedia http://runeberg.org/nfba/0113.html

Law Set Out in the CDPA 1988
https://www.gov.uk/government/uploads/system/uploads/attachment_data/
file/308729/cdpa1988-unofficial.pdf

Copyright Guidance
http://find.jorum.ac.uk/resources/19369

How does copyright control the movement of
information?
Where are there different routes to ‘free’ use and ‘paid’ use?

Basics
Automatically subsists Limited amount of time
"Nature Clock" by Nevit Dilmen - Own Animation. Licensed under CC BY-SA 3.0 via
Wikimedia Commons -
https://commons.wikimedia.org/wiki/File:Nature_Clock.gif#/media/File:Nature_Clock.gif

Rights owners control the uses of a work
Basics

Copyright Basics - Works
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
• “Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Europeana oai:zbc.ksiaznica.szczecin.pl:22118

Which of these can be protected by
copyright?
• Book cover
• Pages from within a magazine
• Photo of a statue
• Any moment on St Peter’s Street as seen from above
• A photo of a crowd on St Peters Street
• Sound recording of street noise
• Street noise
• Microfilm of Littlewoods Catalogue from 1940

Copyright Basics - Uses
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Portable Mayan altar: pocket books of Mayan spells / Hernández, Petra; Nibak, Tonik;
Past, Ambar; Taller Leñateros (San Cristóbal de Las Casas, Mexico); Kokoroch, Manwela

What use am I making of works?
• Photographing books
• Instagraming photos of books
• Rewriting an episode of The Archers in Shakespearean
iambic pentameter
• Installing a ‘library box’ on the street
• Uploading a scanned article into the catalogue

Copyright Basics - Licences
• CLA
• NLA
• ERA+
• Filmbank
• Library e-resources
• Creative Commons
• Bespoke permissions
• Website T&C
• IPO Orphan Works
• You own rights
• Collaborative
JORUM model licences

Which licences do we buy to do the
following?
Upload a scanned chapter from Jonathon Strange and Mr
Norrell to a VLE module area.
Screen Jonathon Strange and Mr Norrell
in the SU café
Include icons from istock photo on the
university website?

Copyright Basics - Exceptions
• S. 29 Research & Private Study
• S.29A Text & Data Mining
• S.30 Quotation
• S.31A Copying for individual disabled users
• S.31B Copying for multiple disabled users
• S.32 Illustration for Instruction
• S. 35 Recording of Broadcasts
• S.36 Educational copying and use of published Extracts
• S.40B Making Works Available on Dedicated Terminals
• S.41 Library Copying for Other Libraries
• S.42 Preservation
• S.42A Library Copying for Patrons
• S.43 Library Copying of Unpublished Works

Which exceptions allow me to do the
following?
• Scanning sections of books which I then email myself in the
course of researching a subject.
• Downloading all content in JSTOR& Wiley & EBSCO to search for
instances where the words smouldering / Childermass / England
appear in proximity to one another.
• Include quotes, images and media into my thesis.
• What if I publish my thesis on ETHoS? In a commercial book?
• Transfer the 1966 FIFA World Cup onto DVD
• Screen Jonathon Strange and Mr Norrell in class in the course of
instruction?

Basics of Copyright
Works Uses Licences Exceptions
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
• CLA
• NLA
• ERA+
• Filmbank
• Website T&C
• You own rights
• Collaborative
S. 29 Research & Private Study
S.29A Text & Data Mining
S.30 Quotation
S.31A Copying for individual
disabled users
S.31B Copying for multiple
disabled users
S.32 Illustration for Instruction
S. 35 Recording of Broadcasts
S.36 Educational copying and
use of published Extracts
S.40B Making Works Available
on Dedicated Terminals
S.41 Library Copying for Other
Libraries
S.42 Preservation
S.42A Library Copying for
Patrons
S.43 Library Copying of
Unpublished Works

Changes for Libraries & Education
http://www.europeana.eu/resolve/record/2
021664/search_identifier_uba_items_71973
8f4146bd9d3b94fb2a775efe7ab
Changing styles / safe workers wear safe
clothing and smile at accidents Europeana

Any library, archive, museum or gallery which is not owned by an organisation
conducted for profit and which is accessible to the public. - Graham Peter Cornish
Libraries
Uhldingen am Bodensee - Pfahlbauten-Museum

Fair Dealing
Determines whether usage is lawful or infringing
based on how a ‘fair minded and honest person’
would deal with the work.
Does using the work affect the market for the
original work? Does it affect or substitute the
normal exploitation of the work.
Is the amount of the work taken reasonable and
appropriate? Was it necessary to use the
amount?

Format Neutral
• Copying for personal, non-
commercial research
• Librarians copying
By Desi Zavatta Musolino from Medicina, BO, Italy (Time to burn some cds) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons

Conditions for supply
to patrons through
interlibrary loan
• Single copies (no multiple
copying)
• Use is educational/research
based
• Declaration submitted with
request (e-signature)
• Library does not retain a copy
for its collection
• Requesting library can delegate
the requirement to keep the
declaration form to the
Supplying Library
• Charging optional
By Mummadi Krishnaraja Wodeyar [Public domain], via Wikimedia
Commons

Declaration forms and
supply via email to
library patrons
• Declaration forms are standardised
through CILIP LACA wording
http://www.cilip.org.uk/cilip/advocacy-
awards-and-projects/advocacy-and-
campaigns/copyright/copyright-briefings-
and-2
• Provided the declaration is agreed to
online by the library patron, then
libraries can supply via email to her
• International ILL is acceptable
provided that the supply doesn’t
contravene copyright laws in the
country where the material is being
sent

Copying for Disabled
Persons
• Allows copying and adaptation
to allow someone with a
disability to enjoy a work.
• Format shifting
• Adapting
• Must be in lawful possession of
the works you are copying from
By Paul Trafford [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia
Commons

Preservation
“Works in any format with the usual
proviso that it is
not reasonably practicable to
purchase another copy. From a
document supply viewpoint, the
significance in the change is
that if material in a library which
would qualify for copying
under this provision has been lost,
damaged or destroyed, then
a replacement copy can be
requested from any other library,
regardless of the format in which it
was originally published.”
Graham Peter Cornish

NON-CONTRACTUAL
OVERRIDE
“To the extent that a term of a
contract purports to prevent or
restrict the doing of any act which,
by virtue of this section, would not
infringe copyright, that term is
unenforceable.”

NON-CONTRACTUAL
OVERRIDE
Libraries are now:
Supplying chapters & articles from
ebooks and ejournals via ILL.

Online interlending networks
Consortia sharing (VISCOUNT , CURL)
Regional networks
Distribution lists
HLN/SWIMS libraries
Emails sent directly to libraries
Is access to e-material equal to access of print materials?
Are MOOCs bringing more adult learnings into HE libraries?
How are intermediaries with ‘all you can eat’ subscriptions
impacting ILL (Netflix, Amazon Prime, Hulu, Spotify, iTunes,
Deezer etc.).
Does it matter that all online communications/transactions
are mediated by 3rd party?
Will any libraries try to use bitcoin?
Past, Present, Future of …

Original purpose of ILL as defined by???
There are operational statements but where are the value
statements?
Not ‘value for money’ but values as in the reasons to do
something, the morals and strategy which underpin library
services.
The Public Lending Rights scheme is an example of
values set into practice. Income is earned via PLR by the
writers, illustrators and narrators (in the case of audio
books) and not the to the copyright rights holders i.e.
publishers.

• UUK
• LACA
• IFLA
The value of UK universities https://youtu.be/Iu4ZuRhoM1g
Can ILL be a service which tests McChesney’s theory that markets concentrated
power?
Has ILL staff experienced a concentration of power in the commercialisation of
library services i.e. a handful of firms dominate the library service market?
Where are the statements about values,
not £value?

Copyright Law and ILL Should Value …

“Forum for Interlending…keynote speaker Lynne Brindley, Pro Vice
Chancellor for Information Systems and services at AstonBrindley did
not advocate a full-scale move away from the concept of public good
into a market driven approach, but she placed interlending within
the heart of the tension and debate being raised by the
government's directives and the changing financial structure of
universities.“
Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk
Previous value statements

“Herbert S. White has made a similar analysis and exhortory presentation in an
American context. Likening interlibrary loan to a Marxist ideal and moral precept,
he accused American librarians of hiding the facts of the cost of interlibrary loan
transactions and thereby preventing them collectively from providing timely delivery
of needed materials.”
Previous value statements from the US

Sometimes we acquire because copyright guides us to purchases.
When libraries can not legally share materials it should be because
the use is illegal and there is “no educational purpose which can be
argued.”*
Now we acquire based on ILL requests or pay for an ILL (rather than
reciprocate borrowing and lending privileges) because of perceived
‘value for money’ in publisher packages and ILL services.
1. EBL purchases
2. BL ILL charges
3. Direct download payments
* Sol Picciotto Background Music from LIS-Copyseek June 2015
Why does it matter if ILL starts to acquire materials instead of
cross-institutional sharing of materials?

Will the Document Supply Centre continue to regularly issues reports of DSC activity
and cumulates the reports of the regional library systems?
Will there be national surveys of volume and patterns of interlibrary lending and
surveys on national and local costs of interlending activities?
Where are the subsequent studies following Interlending n the United Kingdom 1985
(as it expanded on a 1977 study), where are the facts and provided details?
Quote from Future of Interlending in April 1988
“The changes in strategic planning and operating plans within the British Library as a
whole will have an effect on the international research community over time.”
Where have we been in this conversation?

David Bradbury, Director of the Document Supply Centre, stated in a presentation at
the Forum for Interlending 89 that ..”harsh reductions in real terms of budget
(W)e have 2 options. The first is for us to continue as now, increasing our prices a
little above inflation but slowly trimming down our acquisition p olicy, and the second
is to increase our prices rather more each year until such time as we are recovering
our full costs.”
“Will the DSC simply pass on higher costs to overseas customers to protect the already
extremely hard-pressed British libraries whose document supply is subsidized by the
international service?”
“Will the international pressure from publishers groups cause DSC to reduce its
international scope of operations or to pay more fees to copyright owners and
thereby raise its costs?”
Questions Asked Before

Basics of copyright : Works Literary
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: the creative ‘ordering of
words’
Examples: Books, journals, poems,
lyrics, letters, diaries, legal
documents, oral histories, emails,
blogs, software.
Duration: Published – usually 70
years following death of author;
Unpublished – 70 years after the
death of the author, but longer
durations may apply.
Portable Mayan altar: pocket books of Mayan spells / Hernández, Petra; Nibak, Tonik;
Past, Ambar; Taller Leñateros (San Cristóbal de Las Casas, Mexico); Kokoroch, Manwela

Basics of copyright : Works Film
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: Audio-visual
recordings
Examples: TV programmes,
movies, home videos, filmed
animation.
Duration: 70 years following the
death of the last to die from the
director, author of the
screenplay, author of the
dialogue or composer of music
specifically created for the film.

Basics of copyright : Works Dramatic
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: dialogue and stage
directions in a performed work
Examples: Plays, film scripts,
ballets, revues.
Duration: Published/performed –
usually 70 years following death
of author;
Unpublished/unperformed –
either 70 years from death of
author or 31 Dec 2039 (whichever
is later).

Basics of copyright : Works Typography
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: the typographical
layout of a publication.
Examples: Published book
and journal layouts.
Duration: 25 years from
publication.

Basics of copyright : Works Musical
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: the creative ordering of musical
notes
Examples: songs, symphonies, jingles,
film music, arrangements of folk songs.
Duration: Published – usually 70 years
following death of author; Unpublished –
either 70 years from death of author or 31
Dec 2039 (whichever is later).
Note: The copyright in a piece of music is
different to the copyright in a sound
recording of that music.

Basics of copyright : Works Sound Recording
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: recording of sound in any
‘fixed form’.
Examples: Musical recordings, film
and TV soundtracks, oral history
recordings, recordings of public
oratory.
Duration: 70 years from the day of
publication or (if unpublished) 50
years from the date of creation.
Note: Many sound recordings
include underlying musical, dramatic
or literary copyright works.

Basics of copyright : Works Broadcast
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: The broadcasting of audio
and audio-visual material. This is a
separate right from the copyright in
the film or sound recordings that are
being broadcast.
Examples: Any radio or television
transmission made by electronic
means, but not an internet
transmission.
Duration: 50 years from the date of
broadcast.

Basics of copyright : Works Artistic
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Protects: creative ‘visual’ works
Examples: Paintings, drawings,
sketches, sculptures,
photographs, maps, logos,
charts, graphs.
Duration: Published – usually 70
years following death of author;
Unpublished – 70 years from
death of author, but longer
durations may apply.
Photographs from 20th century
– differing durations.

Basics of copyright : Works Related Moral Rights
Protects: The right to be identified as
the author of a copyright work, to
stop someone else being falsely
attributed as the author of a
copyright work, and for the work not
be subject to derogatory use.
Examples: The assertion in the front
of a book – “xxx asserts their right to
be identified as the author of this
work”. It must be asserted to arise,
and can be waived by the author.
Duration: In the UK moral rights are
the same as the duration of the
copyright work, except for the right
of false attribution which lasts for 20
years after the per-son’s death.
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
http://www.europeana.eu/resolve/record/92033/Bibli
ographicResource_3000053567031 Klementina Tańska
by Sonntag Józef (1784-1834) Europeana

Basics of copyright : Works Related Performance
Protects: musical or dramatic
performances as fixed in a film or
sound re-cording.
Examples: Acting, musical
performance, lecture, public
recital or presentation.
Duration: 70 years from the day of
publication or (if unpublished) 50
years from the date of
performance.
Note: Recordings of lectures
qualify as performances.
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying

Basics of copyright : Works Related Database
Protects: databases could be
copyright literary works, or
protected by specific database
rights.
Examples: Directories, commercial
data-bases, scientific research
datasets.
Duration: 15 years from the date
of creation or the last time the
database was updated.
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying

Basics of copyright : Works Related Public Domain
When copyright in a work expires
it passes into the ‘public domain’,
and it can be used without
permission.
Protects: no copyright protection
applies to the work.
Examples: Any published, creative
work where the author died more
than 70 years ago.
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying

Basics of copyright : Works Related Non-qualifying
Protects: There is no copyright
protection for something that is
not a ‘fixed’ expression of human
creativity.
Examples: An idea that is not
written down, a natural
occurrence, a matter of fact, an
abstract concept (e.g. love).
Duration: There is no copyright, so
no duration of copyright.
• Literary
• Film
• Dramatic
• Typography
• Musical
• Sound Recording
• Broadcast
• Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Anthony Howell, Professor of Medical Oncology at The University of Manchester
published his research on dieting in ‘The 2 day diet’. His research led to
hundreds of books being published on the diet, none of which were written by
anyone who had directly engaged in the research.
Herein lies the heart of the idea-expression dichotomy.
As libraries are aware, patrons do no always recognise the credibility of the
author.

Basics of copyright : Uses Copying
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: Reproduction of a
copyright work in any material form
including electronic means.
Examples: Making a photocopy,
downloading a copyright work,
copying to a digital storage device,
making a hand-drawn facsimile,
reproducing recordings of a musical
work, taking photo-graphs of certain
types of copyright work (e.g. a
photograph or a painting).

Basics of copyright : Uses Adapting
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: Adapting a pre-existing
copyright work and recording it in
writing or other ‘fixed’ format.
Examples: Translating a literary
work, altering a photograph,
remixing a sound recording or
film, ‘porting’ computer software
from language to another.

Basics of copyright : Uses Lending
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: Making copies of most
types of copyright work
temporarily available to the public
for either economic or non-
economic advantage.
Examples: Renting computer
games, lending books from a
library.
Does not include: Making
available for the purpose of
performing, playing or showing in
public.

Basics of copyright : Uses Publishing
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Issuing Copies to the Public
Definition: means putting the
works into ‘circulation’ –
effectively publication.
Examples: Publishing a book or
journal, distributing sound
recordings, sell-ing copies of a
film."La Veille de la Révolution« Europeana

Basics of copyright : Uses Performing
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: The performance or
exhibition of certain types of
work in public.
Examples: Delivery of lectures,
addresses, speeches or
sermons, musical
performances, dramatic
performances, playing of sound
recordings and films, exhibiting
literary works for public view.

Basics of copyright : Uses Communication to the Public
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: Communication of copyright
works to the public by electronic
transmission. Effectively means that the
Internet and computer networks are
subject to copyright law.
Examples: Websites, podcasts, social
media services, blogs, VLEs
Caution: The definition of ‘public’ does
not necessarily have to be the general
public. E.g. making material available on a
closed intranet still involves a ‘public’
communication.

Basics of copyright : Licences CLA
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
• Collaborative ownership
Usages Covered: Provision of multiple copies of
extracts from published books for educational
purposes
Repertoire: The majority of published books and
journals, magazines, digital publications,
conference and legal proceedings. Artistic works
embedded within these.
Exclusions: Titles specifically excluded, sheet
music, maps and charts, newspapers, workbooks.
*See for he.cla.co.uk for details

Basics of copyright : Licences NLA
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Provision of copies of newspaper
articles to authorised users in paper or digital form.
Repertoire: Articles published by participation
newspaper publishers.
Exclusions: Journals and magazines. Some
newspapers do not participate in the NLA scheme,
e.g. Financial Times.
*NLA stands for Newspaper Licensing
Agency see www.nlamediaaccess.com

Basics of copyright : Licences ERA+
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Educational use of broadcast
recordings within the UK.
Repertoire: Recordings of Free-to-air broadcasts
and copyright material within them.
Exclusions: Content that is not free to air. Users
based outside the UK.
*Educational Recording Agency

Basics of copyright : Licences Filmbank
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Public performances of films
not covered by educational exceptions.
Repertoire: Some, but not all feature films.

Basics of copyright : Licences Library e-resources
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Dependent on licence agreement
– usually allows access by authorised users.
Repertoire: Specific to the licence agreement.
Examples: JISC Collections, NESLi2, EBSCO and
Proquest licences. Direct deals with publishers.
Exclusions: Some licences are restrictive, but many
of the new UK exceptions prevent these licences
from making those activities infringing (i.e. no
contract override).

Basics of copyright : Licences Creative Commons
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Allows free acquisition and
distribution of content, and depending on the
nature of the licence may allow users to adapt or
commercialise the work.
Repertoire: By 2014 there were 882 million
Creative Commons works.

Basics of copyright : Licences Bespoke
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: negotiated bespoke arrangement
directly with the rights holder. This is particularly
relevant in cultural or educational digitisation projects.
Repertoire: The content needs to be specified at the
point of negotiation.

Basics of copyright : Licences Website Terms & Conditions
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: This depends on the website.
Repertoire: This depends on the website and its terms
and conditions – there is unlikely to be a single owner
of all content on one site.

Basics of copyright : Licences IPO Orphan Works
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: Covers all commercial and non-
commercial uses.
Repertoire: All orphan works subject to diligent search
on a work by work basis. This makes mass digitisation
projects (slide library) difficult.

Basics of copyright : Licences You Own the Rights
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Usages Covered: As owner of the copyright in the work
you are permitted to make any use of it that you see fit.

Basics of copyright : Licences Collaborative Ownership
• CLA
• NLA
• ERA+
• Filmbank
• Website Terms &
Conditions
• You own rights
Under UK law, employers own copyright in anything
you create as part of your job.
Usages Covered: Whatever has been agreed as part of
your employment or partnership arrangement.
Example: Training materials you create as part of your
day job.

Basics of copyright : Exceptions S.29 Research & Private
Study Definition: Allows individuals to make
single copies of limited extracts of
copyright works for non-commercial re-
search or private study. No contractual
override.
Types of work: All copyright
works
Examples: A researcher makes a single
copy of a chapter from a book at her
institutional library for her own
reference.
S.30 Quotation
disabled users
S.31B Copying for multiple disabled
users
S.36 Educational copying and use of
published Extracts
S.40B Making Works Available on
Dedicated Terminals
Libraries
S.42 Preservation
S.42A Library Copying for Patrons
S.43 Library Copying of Unpublished
Works

Basics of copyright : Exceptions S.29A Text & Data Mining
Definition: Allows computational analysis of
lawfully acquired digital content for the
purposes of non-commercial research. No
contractual override.
Types of work: All copyright works
including sound recordings and films.
Examples: A researcher runs algorithms
against lawfully subscribed-to databases to
determine the relationship between a
particular gene and a particular type of
cancer.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S.30 Quotation
Definition: Allows ‘fair dealing’ usage
of quotations for any purposes
including ‘criticism and review’. No
Types of work: Any copyright work
which has been made publicly
available.
Examples: Quoting from articles,
books, musical scores in published
research.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works
“ ”

Basics of copyright : Exceptions S.31A & 31B Copying
for Disabled Users Definition: Allows copying and adaptation to
allow someone with a disability to enjoy a work.
Allows institutions to make and store accessible
copies of copyright works for the personal use
of those with any type of disability. No
Types of work: Any work; use accessible format
from commercial sources when available ‘on
reasonable terms’; disabled person must have
lawful use of the work being copied
Examples: A library user requires graphs to be
accompanied by commentaries to explain the
graphic representations in plain language.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S.32 Illustration for
Instruction
Definition: Allows limited, non-
commercial ‘fair dealing’ use of copyright
material for the purposes of teaching. No
Types of work: All copyright works.
Examples: Insertion of copyright images
into educational PowerPoint slides.
Caution: The old ‘examination’ provision
has been narrowed and replaced with ‘fair
dealing’.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S. 35 Recording of
Broadcasts
Definition: Allows recording of off-air
broadcasts by or on behalf of
educational establishments for non-
commercial purposes. Only applies
where no licensing scheme (i.e. ERA)
available.
Types of work: Off-air broadcasts and
the copyright material within.
Examples: Recordings made on video
recorders and retained for educational
purposes. Use of BoB National.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works
REC

Basics of copyright : Exceptions S.36 Educational copying
and use of Published Extracts
Definition: Allows copying and use of multiple
copies of extracts from published copyright
works. Only applies where no licensing scheme
(i.e. CLA) available.
Types of work: Up to 5% of a work (other than a
broadcast or standalone artistic work) per
institution within a 12 month period.
Examples: Use of works not in CLA repertoire in a
VLE.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S.40B Making Works
Available on Dedicated Terminals
Definition: Allows libraries, educational
establishments, museums and archives to digitise
collection items and make them available on site
for research.
Types of work: Any copyright work, subject to
purchase or licensing terms.
Examples: Fragile collection of correspondence
made available digitally at a library.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S.41 Library Copying for
Other Libraries [interlibrary supply]
Definition: Allows supply of copies of the whole
or part of any published work from one library to
another. No contractual override.
Types of work: Either a) a journal article or b)
another publication on condition that the
librarian cannot find the rights holders.
Examples: A library requesting an article to add
to its photocopy collection
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works
Lib
Lib

Basics of copyright : Exceptions S.42 Preservation
Definition: Allows libraries, archives and
museums to make copies of items in their
permanent collection. No contractual override.
Types of work: All types of copyright work as long
as they are not publicly accessible or available on
loan to library/archive patrons.
Examples: Oral histories recorded on reel to reel
tape can be digitised and backed up in multiple
locations.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Basics of copyright : Exceptions S.42A Library
Copying for Patrons [interlibrary loans]
Definition: Allows libraries to make a single copy
of reasonable proportions of copyright works
for their patrons for non-commercial research
and private study. Patrons must make a
declaration in writing. No contractual override.
Types of work: All copyright works
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works
Conditions for supply:
Single copies (no multiple copying);
Use is educational/research based;
Declaration submitted with request;
Library does not retain a copy for its collection
Requesting library can delegate the
requirement to keep the declaration form to
the Supplying Library
Charging optional
Lib

Basics of copyright : Exceptions S.43 Library Copying of
Unpublished Works
Definition: Allows librarians to make a single
copy of whole or a part of an unpublished work
for their patrons for non-commercial research
and private study.
Types of work: Any work. Rights holder must not
have prohibited copying. Patrons must make a
declaration in writing.
Examples: A librarian makes copies of archival
material available to a researcher.
S.30 Quotation
disabled users
users
published Extracts
Dedicated Terminals
Libraries
S.42 Preservation
Works

Copyright the Card Game from JORUM http://find.jorum.ac.uk/resources/19369
Authors: Chris Morrison
Contributors: Naomi Korn and Jane Secker
Graham Peter Cornish , (2015),"Reform of UK copyright law and its benefits for
libraries", Interlending & Document Supply, Vol. 43 Iss 1 pp. 14 - 17
Sharon Bonk, (1990), “Interlibrary Loan and Document Delivery in the United
Kingdom”, RQ Vol. 30, No. 2 (WINTER, 1990) , pp. 230-240
Published by: American Library Association
Illustrations both taken with permission from facebook and instagram –
Sarah McIntyre, Childermass
Chris Riddell, PLR Goddess
All other images found using Xpert (Nottingham), Europeana, and CC Flickr

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