The phrase is indeed ambiguous. But, for example, if I wanted a copy of something for my own personal use that had no profit-motive, or I was not using it in the course of a business, for purposes for which I was not receiving payment, or not for the purposes of my company's R&D then these might not be likely to be commercial. There is guidance on what the term might mean on the British Library's website, the website of the Copyright Licensing Agency and (I think) on the website of CILIP the professional body for those who work in the information industry. The Patent Office website also offers thoughts. But the phrase is incapable of precise definition. It is important to note also that the SI prescribes the types of libraries and archives that can supply copies of unpublished items under the provision.
To be honest since this phrase was introduced into UK copyright law and exceptions in 2003 it has excited considerable discussion and it would take a rather long time to rehearse what people does or does not mean. Non-commercial use is an important condition of supply under this CDPA provision.
Sorry I can't be more helpful but I hope you get an inkling of what is meant!
Laurence
Laurence W. Bebbington
Team Leader (Law)/IS Copyright Officer
Hallward Library
Information Services
The University of Nottingham
University Park
Nottingham
NG7 2RD
Tel: 0115 95 14568
>>> <[log in to unmask]> 03/08/05 16:33:46 >>>
I'm not sure I understand what you mean by "commercial purposes"......
Aren't we in the realms of the EU Re-use of Public Sector Information
territory here...?
-----Original Message-----
From: This list is for those interested in Data Protection issues
[mailto:[log in to unmask]] On Behalf Of Laurence Bebbington
Sent: 03 August 2005 16:15
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Subject: Re: [data-protection] dissertations and copyright
It's worth me highlighting that the CDPA route can only be used for
enquirers who wish an item for the purposes of research for
non-commercial reasons. Where an item is required for commercial
purposes it could only be supplied under FoI. The potential mess that
this whole regime creates is becoming obvious but copyright officers
could, I'm sure, suggest reasons why they would like the CDPA procedures
to be adopted where possible. I don't propose to go into that.
Laurence
Laurence W. Bebbington
Team Leader (Law)/IS Copyright Officer
Hallward Library
Information Services
The University of Nottingham
University Park
Nottingham
NG7 2RD
Tel: 0115 95 14568
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