Dear all
My view is that two sets of regulations apply within the context of the 1988 Act:
1. Fair dealing - which enables any individual to copy and claim "fair dealing" as a defence if prosecuted by a rights owner (or the CLA acting on their behalf). I'm away from the office - so I can't quote exactly how much can be copied etc - but I think Michele has it about right. Any individual making a copy therefore does so under fair dealing.
2. The special regulations that apply to librarians: these allow a librarian (in a not for profit organisation) to make a copy on behalf of a user, subject to a range of restrictions which include the need to have a signed declaration form.
I think we should get the LIHNN group that looks after legislation to meet as soon as possible to look at the implications of this - can you send me a note if you are part of the Group?
With best wishes
David
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From: A list for health related libraries within the North West of England on behalf of Hilton Boon Michele
Sent: Fri 12/05/2006 14:23
To: [log in to unmask]
Subject: Re: NHS Copyright Licence - question on copying by individuals
My handy LIHNN copyright guide lists the following key points of the (former) NHS licence for copying by individuals: up to 15 copies in a single act of copying (and 25 copies for a meeting), two articles from the same issue, all articles on same theme within an issue, and 10% or one chapter of a book. Am I right in thinking that now our users are constrained by fair dealing, i.e. only one copy may be made, only one article from a periodical, etc? It seems to me that this is so, but I would appreciate hearing the opinions of my elders and betters. Or my youngers and betters as the case may be.
I know there are other, more complex ramifications to be worked out before complete advice can be issued, but is this advice that fair dealing now applies to individual copying in the NHS straightforward enough, or am I missing something?
Apologies if this is a boneheaded question. I step carefully when copyright is concerned.
Michele
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Michele Hilton Boon
Information Scientist
National Prescribing Centre
Tel: 0151 794 8136
Fax: 0151 794 8139
www.npc.co.uk
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