In order to comply with the Australian Copyright Act 1968, and in keeping with guidelines recommended by ACLIS (Copyright Bulletin No 8, March 1996) the Document Supply Service requests its clients to provide copyright declaration statements on all interlibrary loan requests for copies sent to the National Library of Australia.
From 1 July 1997 requests which do not include an appropriate declaration will be returned or supplied by our Copyright Fee Paid Service.
The following guidelines set out the declarations which are required to ensure compliance with the Copyright Act. The declaration required will depend on the type of library making the request and the purpose for which the request is made.
Under Section 50 of the Copyright Act 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 inclusion in their collection; they may also supply material for use by a member of parliament. 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.
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.
More than a 'reasonable portion' may be requested if the work is out-of-print and a new copy cannot be obtained within a reasonable time at an ordinary commercial price. The onus is on the requesting library to discover this. When the request is for more than a 'reasonable portion' an officer of the requesting library should must make a declaration stating :
After reasonable investigation, I am satisfied that a copy of the requested item (not being a second-hand copy of the work) could not be obtained within reasonable time, at an ordinary commercial price.
Commonwealth Government and State Government libraries may request copies 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.
For requests which do not fall within Section 50, Commonwealth Government and State Governments 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 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). For these types of requests follow the guidelines at point 1 above.
Corporate 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.
Libraries 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.
The National Library of Australia Document Supply Service has signed a licence with Copyright Agency Limited (CAL). This licence will enable the Document Supply Service to supply copies which cannot be supplied under the fair dealing and library provisions of the Copyright Act. This licence comes into effect from 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.
The copyright fee will be $5.00 per journal article of more than one page, or $0.20 cents per page for other works. These charges are in addition to the NLA's usual interlibrary loan charges.
If you would like more information please contact:
Document Supply Service
National Library of Australia
Phone:
(02) 6262 1421 or (02) 6262 1269
Fax: (02) 6273 2719
Email:
docss@nla.gov.au.
The Copyright Act 1968 contains a series of provisions relating to permissible copying of copyrighted works. This document sets out the National Library's requirements of other institutions which request copies to be made by the National Library. The National Library has not and does not make any warranty, statement or representation about the completeness of this document for compliance with the Copyright Act.
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