We're due to have training about Copyright next month, so I'm going to
be asking for clarification about this matter of copying a copy (as I
always thought you couldn't do it). In the meantime it might be wiser to
stick to the "no you can't do it" until this point is clarified -
unhelpful for the user, but potentially much safer for us. If nothing
else, as a colleague has pointed out there may be variants in advice due
to our situation up here and the whole Scottish Law thing.
Charlotte Boulnois
Library Services Manager (Resources)
NHS Greater Glasgow and Clyde
0141 211 4760
________________________________
From: [log in to unmask]
[mailto:[log in to unmask]]
Sent: 15 April 2011 14:15
To: Boulnois, Charlotte
Subject: Re: Copyright query - multiple copies
The second point is indeed interesting that you can make a copy from a
'legal' copy. I guess this means that a third person could not male a
copy from the second persons copy (aarrgghhh!).
I am also assuming that there are no quirks to Scottish Law on this that
do not apply to English Law.
regards
Rod
Rod Gegg
Senior Library Assistant
Library
Knowledge Spa
Royal Cornwall Hospital
Truro
TR1 3HD
tel: 01872 256444
fax: 01872 256442
[log in to unmask]
www.cornwall.nhs.uk/library
RCH; CORN; LAW:COR
>>> "Boulnois, Charlotte" <[log in to unmask]>
15/04/2011 13:46 >>>
Hi Lesley
The NHS Scotland Copyright Licence has just been withdrawn so this
question has been raised a few times. Luckily we've Professor Oppenheim
advising us as to what we can and can't do under fair dealing and
library privilege. His answer to us was
* The librarian must not make more than one copy of a given item
for a given patron - ever. The librarian also must not make more than
one copy of a given item for different patrons if in the librarian's
opinion it is substantially for the same purpose and at substantially
the same time - instead, the librarian must refer the second requestor
to the first requestor and suggest the second requestor makes their own
fair dealing copy from the first requestor's copy. This sort of
situation can easily arise when a lecturer recommends a particular item
to a class of students, and each student comes to the library and asks
for a copy of the item. It may well also arise as a result of journal
club activities. Note that the onus is on the librarian to make a
judgement as to whether the copies do seem to be for substantially the
same purpose and whether the timing is close.
*
We did then query the copying from a copy issue
In relation to library privilege, you have suggested that a second
requester of an item can be directed to the first one to make a copy
from that copy. Firstly, there are privacy/confidentiality issues about
telling third parties about someone's use of resources, but also, is
this not 'on-copying'? While each user may be entitled to make a fair
dealing copy for their private use, can they use a copy as the source,
rather than the original?
YOU ARE RIGHT ABOUT PRIVACY ISSUES. IF THIS IS AN ISSUE, THEN ALL THE
LIBRARIAN CAN DO IS SIMPLY SAY "SORRY, NO, A COPY HAS ALREADY BEEN MADE
FOR SOMEONE ELSE" WITHOUT GIVING DETAILS. YOUR SECOND POINT: THE COPY
MADE FOR THE FIRST PATRON IS A LEGAL COPY, AND SO THE SECOND PERSON IS
INDEED ABLE TO MAKE A FAIR DEALING COPY FROM THAT LEGAL COPY.
Hope this helps
Charlotte
Charlotte Boulnois
Library Services Manager (Resources)
NHS Greater Glasgow and Clyde
0141 211 4760
________________________________
From: UK medical/ health care library community / information workers
[mailto:[log in to unmask]] On Behalf Of Huss Lesley
Sent: 15 April 2011 12:59
To: [log in to unmask]
Subject: Copyright query - multiple copies
Hello,
We're hoping someone might be able to help with this copyright question.
Someone has ordered a journal article; it's not available within the NHS
so we've obtained it from a non-NHS source. It transpires that our user
wants to use this article for a journal club.
Since it's not from an NHS library and therefore not covered by the NHS
copyright licence, she has signed a copyright declaration form for it.
She is planning to get all the other members of her journal club to come
to the library to order a copy of this article too.
But the copyright form they'll all be signing says "no other person with
whom I work or study has made or intends to make, at or about the same
time as this request, a request for substantially the same material for
substantially the same purpose".
We are using the text from the BL copyright declaration form, but can't
quite believe that this would make it impossible for them to use the
article for a journal club.
Does this same restriction apply to articles from all other non-NHS
libraries? If so, what is the legitimate way of getting hold of
sufficient copies for a journal club?
Thank you for any help or advice!
Kind regards,
Lesley
Lesley Huss
Librarian
Medical Directorate
Birmingham Community Healthcare NHS Trust
Smallwood Clinical Library
Moseley Hall Hospital
Alcester Road
Birmingham B13 8JL
Tel: 0121 442 3479
Fax: 0121 442 3573
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