US Introduces New Copyright Exemptions
Document Actions
Q&As on replacing lost and damaged items in the collection
May 2009
This information is for general guidance only; it is not legal advice.
This information is for general guidance only; it is not legal advice.
First read:
- copyright basics webpage
- Libraries: introduction to copyright information sheet
Replacing lost, stolen, damaged & deteriorated items in collections webpage
| question | date | answer | more | |
|---|---|---|---|---|
| Our library bought a book. It came with a CD, but we’ve now lost this. The book is still available for sale, but not the CD on its own. Can we make a replacement copy? | 4/6/2009 |
You can only rely on the replacement provision if the item is not commercially available. In our view, the relevant question is whether or not the item by itself is commercially available – that is, for separate purchase. In this case, as the CD is not available for separate purchase, you would be able to make a replacement copy – for example, from a second copy in your collection or from a copy held by another library. | QA0059 | |
| Our library has lost one cassette from a set of six. The resource is no longer sold on cassette; it’s now only available in CD format, but you have to buy the whole set. Can we copy from another library’s copy to replace the cassette we have lost? |
4/6/2009 |
In our view, the relevant question is whether or not the item that has been lost or damaged is commercially available by itself – that is, for separate purchase. In this case, as the cassette is not available for separate purchase (either as a cassette or CD), you would be able to make a replacement copy – for example, from a second copy in your collection or from a copy held by another library. If however, you were able to purchase a single CD to replace the lost cassette, you would not be able to rely on the replacement provision in the Act – you should buy the CD. | QA0060 |