Thanks to those that responded to my email.

I suspect that some organisations will take a while to adjust their formal guidelines to take account of this positive change with library supplying library under section 41.

Some of you may be interested to know that Mike McGrath, editor of Interlending and Document Supply has commissioned the UK copyright consultant, Graham Cornish, to write a detailed article on this topic for the next issue.

Best wishes,

Caroline

From: Rauter C.
Sent: 19 September 2014 14:32
To: [log in to unmask]
Subject: Recent changes to copyright law that affect inter-lending

Recent changes to copyright law that affect inter-lending

Did you know that since the implementation of new copyright exceptions in June 2014, inter-library loan practitioners can legitimately provide articles to other libraries from all e-resources?

Many libraries are still declining to supply on the basis that this is not permitted. Since the change it should be perfectly acceptable to make and supply an ILL copy under the s.41 provision of The Copyright and Rights in Performances (Research, Education, Libraries and Archives) Regulations 2014.

Put briefly, you can supply when:

a. The request is coming from another library which is not conducted for profit

b. You are making a single copy from a whole or part of a work to supply to another library

Therefore, any contract terms relating to copyright imposed by a licence that attempt to prohibit or restrict are unenforceable.

This topic has been discussed recently on the JISC LIS-Copyseek list. I thought that it may be helpful to circulate information to those that may not have heard about the positive impact this will have on ILL provision. As Laurence Bebbington says, “I don’t understand why some libraries are bothering to check licenses any more since the contractual override provision legitimates the copying of articles from periodicals even from licensed e-resources”.

For the full text of the relevant legislation please see: http://www.legislation.gov.uk/uksi/2014/1372/regulation/5/made

IPO guidance (page 9): https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/315014/copyright-guidance-research.pdf

Best wishes,

Caroline

Caroline Rauter

Document Supply Services Manager / Gwasanaethau Darparu Dogfennau

Information Services & Systems / Gwasanaethau Gwybodaeth a Systemau

Swansea University / Prifysgol Abertawe

Singleton Park / Parc Singleton
Swansea / Abertawe

SA2 8PP

+44 (0)1792 295045

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Document Supply Support: http://www.swansea.ac.uk/iss/libraries/documentsupplyservices/

Open Access Support: http://www.swansea.ac.uk/iss/researchsupport/