Friday 11 June 2010
An answer from Jim MacNeilage to a recent question about copyright ..
Dear Jim,
If an NHS library makes 2 requests to a non-NHS library on behalf of 2 different people for the same article (within a small space of time), is this allowed under copyright?
Hi Liz
The CLA licence allows any NHS Scotland library can supply an article to any number of NHS staff who require it – hypothetically it is ok to supply a copy of the same article to all NHS staff in Scotland at the same time – either as a paper copy or a digital copy
If the supplying library is not a NHS library – but there is a service level agreement with them and the NHSiS to supply library services then they are treated as an NHSiS library
If the supplying library is not a NHSiS library and does not have a service level agreement, they cannot supply under the CLA licence – so Fair Dealing must apply.
If the terms and conditions of FD apply then individuals can make a request for a copy – however, if more than one person makes a request for “ substantially the same material, at substantially the same time, for substantially the same purpose” FD does not apply – what does this mean then ?
If the individuals requests are totally unconnected, but they need the same article – this is ok. If they both want a copy for the same purpose e.g. Journal Club, teaching session, group use etc, this is not ok
Does this help?
Regards
Jim