At the intersection of libraries and interlibrary loans
COPYRIGHT
An extensive knowledge of every nuance of copyright law is required for
successful (and legal) operation of an ILL department.
- Lee Andrew Hilyer
An extensive knowledge of every nuance of copyright law is not required for
successful (and legal) operation of an ILL department.
- Lee Andrew Hilyer
Consult with your library administration
and/or institutional counsel before
setting departmental policies.
How is copyright …
like a property
unlike a property
How does copyright control the movement of
information?
Where are there different routes to ‘free’ use and ‘paid’ use?
https://duckduckgo.com/l/?kh=1&uddg=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fuploads%2Fsystem%2Fuploads%2Fattachment_data%2Ffile%2F30872
9%2Fcdpa1988-unofficial.pdf
Basics
Automatically subsists
Limited amount of time
Basics
Right of the creator to control the use of a work
Copyright Guidance
http://find.jorum.ac.uk/resources/19369
Copyright Basics - Works
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
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“Works Related”
Moral Rights
Performance
Database
Public Domain
Non-qualifying
James Turrell (2006), digital pigment print of daguerreotype by Chuck Close and a poem by Bob
Holman. Artwork © Chuck Close. Poem © Bob Holman. Photo courtesy David Adamson, Washington,
D.C. Taken from: Evangelista, C. (2015). "The digital catalogue raisonné: When form is function." Art
Libraries Journal 40(12): 17-27
Which of these can be protected by
copyright?
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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
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website T&C
IPO Orphan Works
You own rights
Collaborative
What licences do I 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
Record ‘free-to-view’ television and
include in the library collection so it is loanable to our users.
Copyright Basics - Exceptions
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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
• Downloading all content in JSTOR& Wiley & EBSCO to search for
instances where the words smouldering / Childermass / England
appear in proximity to one another
• Include images from books into my thesis
• Transfer the 1966 FIFA World Cup onto DVD
• Show films, online videos, and recorded television shows in class
in the course of instruction?
Which exceptions allow me to do the
following:
• Scanning sections of books which I then email myself
• Downloading all content in JSTOR& Wiley & EBSCO to search for
instances where the words smouldering / Childermass / England
appear in proximity to one another
• Include images from books into my thesis
• Transfer the 1966 FIFA World Cup onto DVD
• Show films, online videos, and recorded television shows in class
in the course of instruction?
Basics of Copyright
Works
Uses
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Literary
• Copying
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Film
• Adapting
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Dramatic
• Lending
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Typography
• Publishing
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Musical
• Performing
Sound Recording • Communication •
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Broadcast
to the public
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Artistic
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“Works Related”
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• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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Licences
CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website T&C
IPO Orphan Works
You own rights
Collaborative
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
Basics of copyright : Works
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
Literary
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.
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Mayan Book of Spells
Basics of copyright : Works
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Film
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
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Dramatic
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
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Typography
Protects: the typographical
layout of a publication.
Examples: Published book
and journal layouts.
Duration: 25 years from
publication.
Basics of copyright : Works
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Musical
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
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Protects: recording of sound in any
‘fixed form’.
Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Broadcast
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
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
Artistic
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
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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.
Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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.
Klementina Tanska
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.
Basics of copyright : Works Related Performance
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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.
Basics of copyright : Works Related Database
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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.
Basics of copyright : Works Related Public Domain
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• Non-qualifying
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.
Basics of copyright : Works Related Non-qualifying
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Literary
Film
Dramatic
Typography
Musical
Sound Recording
Broadcast
Artistic
“Works Related”
• Moral Rights
• Performance
• Database
• Public Domain
• 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.
Anthony Howell, one of the authors of ‘The 2 day diet’ and Professor
of Medical Oncology at The University of Manchester published his
research on dieting. 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 ideaexpression dichotomy.
As libraries are aware, patrons do no always recognise the credibility
of the author.
Basics of copyright : Uses
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Copying
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
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Adapting
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
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Lending
Definition: Making copies of most
types of copyright work
temporarily available to the public
for either economic or noneconomic 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
Issuing Copies to the Public
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Definition: means putting the
works into ‘circulation’ –
effectively publication.
"La Veille de la Révolution« Europeana
Examples: Publishing a book or
journal, distributing sound
recordings, sell-ing copies of a
film.
Basics of copyright : Uses
• Copying
• Adapting
• Lending
• Publishing
• Performing
• Communication
to the public
Performing
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
CLA
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
NLA
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
ERA+
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
Filmbank
Usages Covered: Public performances of films
not covered by educational exceptions.
Repertoire: Some, but not all feature films.
Basics of copyright : Licences
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
Library e-resources
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
Creative Commons
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
Bespoke
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
IPO Orphan Works
Usages Covered: Covers all commercial and noncommercial 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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
You Own the 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
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CLA
NLA
ERA+
Filmbank
Library e-resources
Creative Commons
Bespoke permissions
Website Terms &
Conditions
• IPO Orphan Works
• You own rights
• Collaborative ownership
Collaborative Ownership
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
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
single copies of limited extracts of
copyright works for non-commercial research 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.
Basics of copyright : Exceptions S.29A Text & Data Mining
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
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.
Basics of copyright : Exceptions S.30 Quotation
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
Definition: Allows ‘fair dealing’ usage
of quotations for any purposes
including ‘criticism and review’. No
contractual override.
Types of work: Any copyright work
which has been made publicly
available.
Examples: Quoting from articles,
books, musical scores in published
research.
“”
Basics of copyright : Exceptions S.31A & 31B Copying
For disabled users
Definition: Allows copying and adaptation to
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
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
contractual override.
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.
Basics of copyright : Exceptions S.32 Illustration for
Instruction
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
Definition: Allows limited, noncommercial ‘fair dealing’ use of copyright
material for the purposes of teaching. No
contractual override.
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’.
Basics of copyright : Exceptions S. 35 Recording of
Broadcasts
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
Definition: Allows recording of off-air
broadcasts by or on behalf of
educational establishments for noncommercial 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.
REC
Basics of copyright : Exceptions S.36 Educational copying
and use of Published Extracts
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
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.
Basics of copyright : Exceptions S.40B Making Works
Available on Dedicated Terminals
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
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.
Basics of copyright : Exceptions S.41 Library Copying for
Other Libraries [interlibrary supply]
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
Lib
Lib
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
Basics of copyright : Exceptions S.42 Preservation
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
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.
Basics of copyright : Exceptions S.42A Library
Copying for Patrons [interlibrary loans]
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
Lib
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
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
Basics of copyright : Exceptions S.43 Library Copying of
Unpublished Works
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
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.
Changes for Libraries & Education
Libraries include:
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
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?
“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
Established practice
Copyright Law and ILL Should Value …
Original purpose 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.
Do we know our values?
UUK
LACA
IFLA
… where are the social value statements
ILL can 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?
Previous value statements
“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 from the US
“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.”
Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk
Why does it matter if ILL starts to acquire materials instead of cross-institutional sharing
of materials?
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
Where have we been in this conversation?
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.”
Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk
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.”
Questions that have been asked before:
“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?”
Interlibrary Loan and Document Delivery in the United Kingdom Sharon Bonk
Past, Present, Future of …
Online interlending networks
Consortia sharing
VISCOUNT
CURL
Regional networks
Distribution lists
HLN/SWIMS libraries
Emails sent directly to libraries
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