Non-US Copyright management and configuration
Patrons accept responsibility for making a copy of a copyrighted work. It is in the library's interest to ensure that no copy is supplied to a patron without that patron's written acceptance of their legal responsibilities pertaining to that particular copy.
- Borrowers are responsible for managing copyright based on their own country’s laws and regulations. Lenders will look to see that evidence of copyright management has been attributed to the request by the borrower.
All copyright copies in UK, Australia, and Spain and copies for academic patrons in New Zealand require a signature acknowledging copyright terms.
Follow the below instructions to assure your patrons are aware of and have acknowledged copyright regulations in your country.
Add copyright acceptance to the Patron Request form
Add a copyright declaration along with an option for the patron to accept the copyright notification on the Patron Request form. When the patron is logged in and accepts the copyright notification, this acceptance counts as a digital signature.
Note: The patron copy request cannot be submitted unless the patron has accepted the copyright declaration.
- In Service Configuration, on the left navigation, click WorldShare ILL > Request Forms..
- Click the Article Request Form accordion.
- If this is your first time customizing the form, you will see the default form. See Request Form configuration for additional information on configuring your Request Form.
- Click Add a Patron Section. Enter a Section Header title.
- In the new Patron Section, click Add a field to display on this Section.
- Select Copyright Declaration and enter your Copyright terms in the Field Values box.
- Click Add a field to display on this Section.
- Select Copyright Acknowledged.
- This field is required and editable by default.
- Click Preview to confirm that the form looks as you expect.
- Click Save to save customizations to the form.
Borrowing staff interface
If Borrowing staff attempt to produce a copy request where the patron's copyright signature has not been obtained, they risk being held liable for any break of copyright caused by this copy request.
When the patron request form is submitted, the option to indicate that the patron's signature has been obtained should default to yes if the request form is properly formatted. For manually entered requests, staff will need to obtain and indicate that the patron has acknowledged the copyright directly for each borrowing request.
Alternatively, configure your Borrower Constant Data to include your Copyright Compliance and Copyright signature information.
- From the OCLC Service Configuration, navigate to WorldShare ILL > Borrower Data.
- Under the Copyright Compliance setting, indicate your compliance for copy requests depending on your location:
Region
Copyright Compliance
Australia
- Australian Copyright Cleared
- Australian License
- S183 - Commonwealth
- S183 - State
- S200AB - Special case
- S43 - Judicial Proceedings
- S50 - for S49 client
- S50(7) - for collection, previously supplied
- S50(7A) - for collection, more than a reasonable portion
- S50(7B) - for collection electronic
- S50 - for collection
- S50 - for parliamentarian
Canada - Fair Dealing
New Zealand
- NZ Copyright Requirements
Spain - License Acquired
- According to Spanish Copyright Law
United Kingdom
- UK Copyright Cleared
- UK Fair Dealing
- Click Save.
For additional information on editing your Borrower Constant Data, please see Borrower Data.
Signature retention
The borrower should retain evidence of the patron's signature on each copy request for a minimum number of years depending on location.
Location | Retention period |
---|---|
Australia | 4 years |
New Zealand | No requirement to retain signature beyond the life of the request |
Spain | No requirement to retain signature beyond the life of the request |
UK | 6 years as defined by UK statute of limitations (1980) regarding contracts |
Lending staff interface
Borrowers are responsible for managing copyright based on their own country’s laws and regulations. Lending staff will see the other library's copyright compliance statements when viewing incoming lending requests. New Zealand libraries will use a standard text but UK and Australian libraries' texts will vary according to the copyright type selected by the borrowing library.
Example copyright text that displays to the Lender:
Copyright type | Example copyright text |
---|---|
S50 - for S49 client S50 - for parliamentarian S50 - for collection |
This request complies with Section 50 of the Copyright Act 1968. |
s50(7) - for collection, previously supplied |
AUS:S50(7) - An interlibrary request for the Document has been made under Section 50 for the purpose of inclusion in the Library’s collection. Any copy of the Document previously supplied for inclusion in the Library’s collection has been lost, destroyed, or damaged. |
S50(7A) - for collection, more than a reasonable portion S50(7B) - for collection, electronic |
AUS:S50(7A) & S50(7B) - After reasonable investigation, I am satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at a reasonable price. |
S183 - Commonwealth | AUS:S183(C) - Copy required for the services of the Commonwealth – Please copy and supply as agent for Requesting Library. |
S183 - State | AUS:S183(S) - Copy required for the services of the State – Please copy and supply as agent for Requesting Library. |
S43 - Judicial proceedings | AUS:S43 - Reproduction for purpose of judicial proceedings or professional advice. |
S200AB - Special case | AUS:200AB - Special case. Supply meets the conditions of the Act. |
Australian Licence | AUS:GB - Permitted under license. Please supply as agent for requesting library. |
Australian Copyright Cleared | AUS:CCS - The supply of this document has been cleared. |
Fair Dealing | Canadian Copyright Act 2012 |