My thoughts are:
Publisher copyright lasts for 25 years, so the typographical arrangement of the article in the edition required is out of copyright (it is irrelevant that there is a newer edition in copyright). As the words are in copyright to the author for 70 years from the end of the year of their death (and as that might be difficult to find out - always assume you are within 70 years unless proven otherwise) I would supply a copy under the same rules - eg: for non-commercial private study and research and not copied to anyone else.
In the second part you have now entered an area of professional ethics - with knowledge comes restrictions on how you can act! Had you provided the copy to the individual under the usual rules/declaration, what they do with it is their responsibility. The declaration allows sharing the hard copy but not copying it.
Now you know what you know, you cannot supply because of the sharing aspect. This leaves you with only 2 solutions: buy a CFP copy from BL which compensates the owner for the use - but make it clear that they must pass round the copy provided and not copy it; or if the item is in your stock, let the person copy the item for themselves and advise them they should share the single print copy and not copy it.
In the above you have provided the correct advice but the responsibility to comply with the law has shifted to the individual.
Cheers
Graham
Graham Titley
Information Specialist
Copyright Advisor and Subject Lead for Dentistry; Law; Medicine.
Academic Engagement | Room 201 | Charles Seale Hayne Library | Plymouth University | Drake Circus | Plymouth | PL4 8AA | UK
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-----Original Message-----
From: For interlibrary-loan and document supply services. [mailto:[log in to unmask]] On Behalf Of Caroline Grove
Sent: 21 June 2016 11:28
To: [log in to unmask]
Subject: Is a copyright declaration needed
Good morning
My query has two parts. Firstly, I have been asked to supply a copy of an article from the 13th edition of the Encyclopaedia Britannica (1926). This is more than 70 years old but is the material still within copyright, given that the current edition is copyrighted?
The second part is slightly more complicated. The request is for private research with a view to having a historical plaque installed on a building. This is non-commercial but the material needs to be viewed by a committee, either in hard copy or digitally. Current copyright law indicates that the end user may not make further copies, and we may not provide copies of the item to multiple people engaged in the same research, which would mean the person making the request could not sign the copyright compliance form. Is it simply the case that if the compliance form cannot be signed, the request cannot be fulfilled?
Many thanks
Caroline
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