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Can a library copy portions of our material for a client?
16/07/2009
There are a range of provisions in the Copyright Act that entitle libraries and collecting institutions (such as galleries and museums) to use copyright material without getting permission from the copyright owner.
For example, a library can copy material in its collection if it’s asked to do so by a researcher or student; it can supply copies of material to other libraries; and it can make replacement copies of material that has been lost or damaged.
In many cases, there are limits on how much a library can copy under these provisions. For example, while a book is commercially available, it can’t make a replacement copy at all, and it can only copy 10% of the number of pages or 1 chapter to supply to a researcher or student.
There are also special provisions that entitle educational institutions and people working in government to copy material without material.
Currently, if you wanted to stop people relying on these provisions, you would need to ensure that you sold copies of material subject to contractually binding prohibitions.