AL©C

 

Australian Libraries Copyright Committee

New Copyright Notices

 

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Contact Details:
Sarah Waladan
(Copyright Advisor)
swaladan@nla.gov.au
ph 02 6262 1273
fax 02 6273 2545

For answers to frequently
asked questions relating
to copyright and libraries,
please contact the
Australian Library
and Information
Association
(ALIA).

 

The Copyright Amendment (Digital Agenda) Act 2000 modifies the existing copyright notice that most libraries use (the notice which is on or near photocopiers) and adds two new notices which libraries will need to use (the second notice will need to be used only if they provide document supply).


The new s. 39A Copyright Notice
This is the standard copyright notice which is attached to (or near) photocopiers. It provides libraries with legal protection in the event that a patron infringes copyright (in non-audio-visual materials) using a library machine.

The text of this notice has changed and therefore all existing notices must be changed for libaries to continue to have this protection.

The Digital Agenda Act also extends the protection provided by this notice to cover other types of machines and materials. Thus libraries should put the new notice on or in close proximity to any machine that might be used by a patron to make infringing copies. Such machines would include PCs and scanners, as well as photocopiers, of course.

The notice itself can be found here in Rich Text Format. Note that the law requires that the notice be A4 in size (297 mm by 210mm).

The New s. 104B Notice (audio-visual materials)
The Digital Agenda Act also provides for a new notice to protect libraries when their patrons infringe audio-visual material (such as films (digital or celluloid) or recorded music).

This notice can be attached to machines such as VCRs or cassette players or PCs.

The notice itself can be found here in Rich Text Format. Note that the law requires that the notice be A4 in size (297 mm by 210mm).

Unfortunately, if libraries wish to protect themelves from the infringement of their patrons with respect to machines that may copy both audio-visual and non-audio visual material (such as a PC which can be used to download images, text, films and recorded music) libraries will need to use both notices. For example, for a bank of 4 PCs connected to the Internet, a library could put up both notices together in a location that is in close proximity to all four PCs).

The new s. 49 Notice (for electronic copying and communication by libraries and archives to users)
The Digital Agenda Act requires that when a library or archive supplies a user (not another library or archive) with electronic copies of material, it must provide that user with the following notice before or concurrent with the act of supply.

The new notice can be found here in Rich Text Format. Note that there is no prescribed size for the notice. If a document is supplied by email (for example), then the notice can be cut and paste into that email or in an email that precedes that email.