National Copyright

3.1 Library Copying

Copying for students research or study

Libraries may, on request from students, copy a literary, dramatic, musical or artistic work. The request must be in writing and must contain a declaration from the student that it is only for research or study and not for any other purpose.

The library exceptions cover:

hard copy reproductions
electronic reproductions of a work in hardcopy form
reproduction and communication of a work in electronic form

The library exceptions do not extend to audio-visual material or sound recordings such as:

CD-Roms (which contain sound files, video clips or animation
CDs
DVDs, videos or film
Copying by libraries for other libraries

A school library may supply a copy of material for either a user of another library or to be included in another library’s collection if it receives a written request.

Copying Limits

Copying limits and restrictions vary for hard copy and electronic material.

Hard copy materials

In the case of a periodical publication, one article, or two or more articles from the same issue if the articles relate to the same subject matter.
In the case of a work other than an article in a periodical, 10% or one chapter, whichever is the greater.
In the case of an anthology of works, no more than 15 pages.
If more than a reasonable amount is required of a work in hard copy, the teacher-librarian or teacher-in-charge of the requesting library must be satisfied that the work to be copied is not available for purchase, new, as a separate publication, at an ordinary commercial price or within a reasonable time.
The date on which the copy is made and the name of the requesting library must be marked on the copy.

Materials in electronic form

In the case of a literary or dramatic work other than a periodical publication, an insubstantial amount (being less than 1% of the total number of words in the work) may be copied without any notice or marking requirements. If:
- the reproduction or communication is carried out on the premises of an educational institution; and is
- for the purposes of a course of study provided by that institution

the library may reproduce and post this material online provided that not more than 1% of the total number of words of any work is reproduced or communicated within a 14-day period.

If more than an insubstantial amount is required (but no more than a reasonable amount being 10%), an electronic notice in the form prescribed in Appendix Fmust be given with the work.
In the case of a periodical publication, one article, or two or more articles from the same issue if the articles relate to the same subject matter. A notice in the form prescribed in Appendix Fmust be given with the work.
If more than a reasonable amount of a work (other than a periodical publication) in electronic form is required, the teacher-librarian or teacher-in-charge of the requesting library must be satisfied that the work to be copied is not available for purchase, new, as a separate publication, at an ordinary commercial price or within a reasonable time.
If a copying charge is made, it must not exceed the cost of making and supplying the copy.

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Scanning, downloading and communicating

School libraries are permitted to scan or download the permitted amount and either fax or email to the requesting library.

Where an electronic reproduction of a work is communicated, it must be:

accompanied by a specific notice

See Appendix F: Notices

the reproduction held by the sending library must be destroyed as soon as practicable after the communication.

Libraries making electronic copies of acquired works

A requesting library may make an acquired work available in electronic form as part of its collection.

The library must ensure that electronic copy is made available:

within its premise
to teachers or students in a read only format

No copying or communicating of this work is available unless it is the subject of a further interlibrary request and the same process has been followed.

Request Forms

Where a school library requests a copy of material from another school library, it must complete an interlibrary request form in the required form.

You can obtain a sample request and copying form from http://education.qld.gov.au/information/service/libraries/docs/4p01.doc

Record Keeping for Interlibrary copying

All records of copying should be kept for four years. Three separate files are recommended, namely:

requests made
requests pending
copies supplied

All the forms that relate to interlibrary loans must be filed chronologically by the date of declaration.

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