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CopyrightTo comply with the Australian Copyright Act 1968 we ask libraries to provide a copyright declaration where appropriate. The information below is a guide only and does not constitute expert or legal advice. Libraries usually request copies under Section 50 or Section 183 of the Copyright Act. For some electronic resources, the National Library has negotiated document delivery provisions for Australian libraries however copyright restrictions still apply. Requests under Section 50 Copyright for interlibrary loan and document delivery (presentation By Laura Simes, September 2007) Under Section 50 of the Copyright Act 1968, a not-for-profit library may request another not-for-profit library to copy a 'reasonable portion' of a work to supply to a library user for the purposes of research or study or for use by a member of parliament. A library may request a copy for inclusion in their collection. A library will probably be
not-for-profit if the library itself is not established or operated to make a
profit on its overall activities. If a library is part of a profit making
organisation it does not necessarily mean that the library is a for-profit
library. What is a reasonable portion?A 'reasonable portion' could be described as:
The following declaration must be included on the request: Request complies with section 50 of the
Copyright Act. Requests under Section 183Commonwealth Government and State Government libraries may request copies under Section 183 if the libraries have entered into licence agreements with CAL for the supply of copies under Section 183 of the Copyright Act for services to the Crown. These requests should include the following declaration: Copy required for the services of the Commonwealth/State - Please copy and supply as agent for requesting library. There is no restrictions on the amount which may be copied under Section 183. Requests from Parliamentary LibrariesRequests from Parliamentary libraries maybe for the use of members of Parliament. There is no limit of the amount of copying that can be done under these provisions. Requests should include the following declaration: The principal purpose of this request is to provide library services for a member of parliament or for the sole purpose of assisting a member of parliament in the performance of his or her duties as a member. Parliamentary libraries may also request copies under Section 50 (for inclusion in the library's collection or to supply to an end user for research or study). Requests from Corporate librariesCorporate libraries may make requests under Section 50 (for inclusion in the library's collection or to supply to an end user for research or study). For these types of requests follow the guidelines at point 1 above. Corporate libraries may sometimes require material for purposes other than research or study (eg for general business purposes). If the organisation has a Corporate Licence with CAL the National Library of Australia may copy on their behalf. The following declaration should be included on the request: Copy required for the purposes of the Corporation operating under licence from CAL. Please copy and supply as agent for requesting library. If the corporate library does not have its own CAL Licence then these requests may also be supplied using the NLA Copyright Fee Paid Service. Requests from non-profit organisationsLibraries of non-profit organisations such as associations, local councils, societies and unions may make requests under Section 50 (for inclusion in the library's collection or to supply to an end user for research or study). For these types of requests follow the guidelines at point 1 above. Non-profit organisations may sometimes require material for purposes other than research or study. If the organisation has an Associations Licence with CAL the National Library of Australia may copy on their behalf. The following declaration should be included on the request: Copy required for the purposes of the Association operating under licence from CAL. Please copy and supply as agent for requesting library. If the organisation's library does not have its own CAL Licence then these requests may also be supplied using the NLA Copyright Fee Paid Service. What is the Copyright Fee Paid Service? The National Library of Australia Document Supply Service has signed a licence with Copyright Agency Limited (CAL). This licence enables the Document Supply Service to supply copies which cannot be supplied under the fair dealing and library provisions of the Copyright Act. This licence came into effect on 1 July 1997. If your request cannot be supplied under the fair dealing and library provisions of the Copyright Act you may wish to use this service. Please enquire with Document Supply Service before requesting this service. The copyright fee will be $5.50 per request. These charges are in addition to the Library's usual interlibrary loan charges. More information about copyright More information about copyright in Australia and overseas can be found from the following web sites:
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