Productivity Commission study on the parallel importation of books
Copyright Society seminar: The Year in Review
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General Q&As on copyright for libraries
In these Q&As, we assume you are familiar with the basic copyright principles in our introduction to copyright and have read our information sheet Libraries: introduction to copyright.
| question | answer | more |
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| Can a library make back-up copies of material in its collection in case the originals get lost or destroyed? | A library can make a preservation (backup) copy of manuscripts and other original versions in its collection. If the library is a “key cultural institution”, it can make three preservation copies of original versions in its collection, and can also make three preservation copies of a particular edition of a work, provided the authorised officer of the library or archives is satisfied that it is appropriate that a preservation copy be made of that edition. In addition, a library can make three preservation copies of published films and sound recordings in its collection, provided, in each case, a copy of the film or recording is not commercially available. A library can make a replacement copy of other published items that have been lost, stolen or damaged if a replacement cannot be purchased. If the library does not have duplicate item in its collection from which to make the replacement copy, it can make the copy from an item owned by someone else (such as another library). There are no express provisions allowing a library to make preservation copies of non-original versions, other than published editions, films and sound recordings held by key cultural institutions. It is possible (but we think unlikely) that making a backup copy is a “reproduction for administrative purposes” (that is “purposes directly related to the care or control of the collection”). It is also possible that a backup copy could be made under the new exception for “maintaining or operating a library”, where other specific provisions do not apply, if it is a “special case”. There may be a “special case” if:
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| Is a librarian responsible for infringements by library clients? | A librarian may infringe copyright if he or she authorises a client to make an infringing copy. Generally, a librarian will not be liable for authorising the making of infringing copies on a photocopier in the library if the prescribed warning notice is placed near the machine. It is also a good idea to have similar notices near other copying equipment such as computers. | |
| What are the penalties for copyright infringement? | Where copyright is infringed, the copyright owner may take legal action against the infringer to recover damages or an account of profits. Damages is a sum of money intended to compensate the copyright owner for money lost, or spent, in respect of the infringement and will vary with the circumstances. An account of profits is the profit made by the infringer in selling the infringing copies. A copyright owner may also seek an injunction against future infringements. In some circumstances infringement of copyright is a criminal offence to which fines and jail terms may apply. Remedies and penalties can be much higher if the infringement involves the reproduction of material from hardcopy to digital or other electronic forms. There are also penalties for not complying with the library copying provisions. For example, it is an offence to not retain declarations for four years. On conviction, the body administering the library and the officer in charge of the library are each liable for a fine not exceeding $500. There are also civil remedies and criminal penalties relating to tampering with electronic rights management information, circumventing technological protection measures and decoding encoded broadcasts. | |
| Do copyright owners or their agents have the right to inspect the library? | Owners of copyright and their agents (such as Copyright Agency Limited) have the right to inspect the declarations retained by the library in connection with copying under the provisions. They must give the library at least seven days notice of their intention to inspect. |
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