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Copyright - LLS Staff Guide

  1. Introduction for LSS staff
  2. 'Library Privilege' - Copying for Students and Staff
  3. 'Library Privilege' - Replacement Copies
  4. 'Library Privilege' - Copies for other libraries
  5. Placing material in short loan

Introduction for LLS staff

For a basic introduction to copyright legislation, click on Copyright - Basic Principles. 

Librarians have the same rights as lecturers and students to copy material (including making multiple copies under the CLA licence) and you should read the Student's guide (which outlines what can be copied for personal use) and the Lecturer's guide (which outlines what multiple copying is permissible by staff).

There are, however, some additional rights and responsibilities for librarians, outlined below.

If in any doubt whatsoever, please contact Yvonne Klein in Library and Learning Services (email for advice).

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'Library Privilege' - copying for students and staff

Under UK legislation (SI 1989/1212) librarians in academic (and other non-commercial) institutions ('prescribed libraries') have the right to make copies, in response to customers' requests, of:

  • whole journal articles or items (eg. an editorial or a letter to the editor)
  • a reasonable proportion of a literary, dramatic or musical work (not artistic works) ... for books, the British Copyright Council advises this is one chapter or 10%

BUT the requester must sign a form declaring that:

  • a copy of the same material has not previously been supplied
  • it is for research or private study
  • the requester is not aware that another person is requesting the same material (ie. an organised attempt by two or more people to each obtain a copy of the same material)
  • the librarian is not copying the same material for someone else
  • the librarian recovers the cost of production from the requester

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'Library Privilege' - replacement copies

The librarian may also copy any item in their collection if:

  • it is 'not reasonably practicable' to purchase a copy, or obtain permission to copy from the copyright holder

and

  • it is in order to preserve or replace it within their collection or
  • in order to replace it in the collection of another prescribed library

The copy must be made available as reference only (ie. not loaned). In the latter case (a request from another library) the requesting librarian must confirm purchase is 'not reasonably practicable', in writing, to the providing librarian. A charge 'not less than the sum attributable to its production' must also be levied on the requesting library by the provider.

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'Library Privilege' - copies for other libraries

Under s.41 of the act, librarians in 'prescribed' libraries may also supply to fellow librarians in 'prescribed' libraries of copies of one article in a periodical.

Requests for more than one article or the whole or part of a published edition of a literary, dramatic or musical work, must include a statement in writing that the requesting librarian could not 'by reasonable enquiry ascertain' the name and address of the person who could authorise copying. Note that artistic works are not to be copied.

In both cases a charge 'not less than the sum attributable to its production' must also be levied on the requesting library by the provider.

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Placing material in Short Loan

This is principally covered in the Lecturer's Guide - click here. 

In theory, copies received from prescribed libraries, as described in 4. above, may be placed in short loan but the Higher Education Copying Accord (produced by the CLA and CVCP) states that further copying of items received from prescribed libraries is not covered by the CLA licence. It is, therefore, recommended that such copies are not placed in short loan, as further copying would have to be justified as 'fair dealing' under copyright legislation which, in the case of short loan materials, is notoriously difficult.

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