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Copyright: For Libraries

Library Copying Information on Smartcopying

Smartcopying Information sheet 3.1 covers the following topics:

  • Making copies of content held by a TAFE library for the purpose of preserving the content: the preservation copying exception
  • Making copies of content held by a TAFE library for the purpose of research carried out at the library: the library research exception
  • Making and supplying copies of content held by a TAFE library at the request of a student for that student’s research or study: the copying for users exception
  • Making copies of content held by a TAFE library at the request of another library: the interlibrary loan exception

Notices to be Displayed in Libraries.

TAFE libraries must ensure that they display copyright warning notices near machines that can be used to copy text and artistic works (eg photocopy machines, printers and scanners) and/or machines that can be used to copy audio-visual content (eg Computers).

The notices must be at least 297 mm long and 201 mm wide (ie A4 paper size), and must be displayed on, or in close proximity, to the copying machine in a place readily visible to anyone using the machine

Find out more about the three types of notices - 1. works, 2. audio-visual and 3. combined, available on the Smartcoping page: Library fair dealing and copying notice

Notice to be Placed Near Works Copiers (eg Photocopiers)

Commonwealth of Australia

Copyright Act 1968

Notice about the reproduction of works and the copying of published editions

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. A reproduction of material that is protected by copyright may be a copyright infringement. Certain dealings with copyright will not constitute an infringement, including:

(a) a reproduction that is a fair dealing under the Copyright Act 1968 (the Act), including a fair dealing for the purposes of research or study; or

(b) a reproduction that is authorised by the copyright owner.

It is a fair dealing to make a reproduction for research or study, of one or more articles in a periodical publication for the same research or same course of study or, for any other work, of a reasonable portion of a work.

For a published work in hardcopy form that is not less than 10 pages and is not an artistic work, 10% of the number of pages, or one chapter, is a reasonable portion.

For a published work in electronic form only, a reasonable portion is not more than, in the aggregate, 10% of the number of words in the work.

More extensive reproduction may constitute fair dealing. To determine whether it does, it is necessary to have regard to the criteria set out in subsection 40(2) of the Act.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.

Book Cover Images

Libraries can now use book covers to promote books and authors without seeking permission each time. The advice applies to books whose copyright is owned by Australian publishers.

Within LibGuides, libraries can use the book covers available through Syndetics

If an international publisher is not covered by Syndetics, you would need to get permission from the publisher.

For more information:

Further Information

Borrowing and Browsing

Lending physical items, such as books and DVDs, is not a copyright use. This is the case even if there is a statement inside a book or on the DVD materials claiming to prohibit such action - these statements by themselves do not bind libraries and archives to contractual terms. Non-copyright based payments, public and educational lending right (PLR/ELR) payments are paid to authors directly from the government when their books are in library collections.
Libraries and archives cannot rent out sound recordings or computer programs, however this will not be an issue if the library or archive is not charging for the transaction (returnable security deposits or library membership fees would not be considered rent).

Extract from: Onsite client access, Australian Libraries Copyright Committee. Copied under CC 4.0

Notice to be Placed Near Audio Visual Copiers ( eg Computers)

Commonwealth of Australia

Copyright Act 1968

Notice about the copying of audio‑visual items

Warning

Copyright owners are entitled to take legal action against persons who infringe their copyright. Unless otherwise permitted by the Copyright Act 1968 (the Act), unauthorised use of audio‑visual items in which copyright subsists may infringe copyright in that item.

It is not an infringement of copyright in an audio‑visual item to use that item in a manner that is a fair dealing under section 103C of the Act.

Section 103C of the Act relates to fair dealing for the purpose of research or study and sets out the matters that must be considered in determining whether a reproduction of an audio‑visual item is a fair dealing.

A court may impose penalties and award damages in relation to offences and infringements relating to copyright material.

Higher penalties may apply, and higher damages may be awarded, for offences and infringements involving the conversion of material into digital or electronic form.