Licensing & Legislation
This section provides an overview of issues pertaining to the licencing of eContent and outlines the current copyright legislation and associated exemptions supporting library usage.
The licencing and access environment for eBooks is both complex and challenging for libraries seeking to integrate these resources into their existing service delivery frameworks and alongside traditional lending services. In particular, license agreements raise issues in relation to libraries’ legal rights under Australian Copyright Law. Exceptions in the Copyright Act 1968 have supported libraries to promote the free flow of information and ideas through inter-library loans, educational use and fair dealing provisions.
The relevant copyright exceptions supporting library usage are (extract from presentation by Ellen Broad, Coming to terms with e-books):
● section 49 (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s49.html) and 50 (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s50.html) Copyright Act - document supply and inter-library loan
● sections 51A (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s51a.html), 51B (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s51b.html) and 110B (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s110b.html) - preservation copying
● sections 200AB (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s200ab.html) - flexible dealing
● section 183 (http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s183.html)- crown copying
● section 48A ()http://www.austlii.edu.au/au/legis/cth/consol_act/ca1968133/s48a.html- copying by parliamentary libraries
● part VA and VB statutory licences - educational copying
License agreements with eBook vendors take precedence over the provisions of the Copyright Act and therefore libraries need to examine these contracts to ensure they do not impede their long-held mission of providing equitable access to content for their communities. The Australian Copyright Council has produced an Information Sheet, Licences for Digital Resources (select L in the menu options) which covers the key distinctions between digital and print formats in relation to Australian copyright law. This issue is further complicated when libraries are faced with multiple vendors, platforms and license agreements which may have been drafted with other jurisdictions in mind e.g. United States.
Before signing a licence agreement libraries should ensure that they understand the terms and conditions of the agreement and if there is any negation of the rights afforded in the Copyright act. Confidentiality of a library services patrons information should also be protected in accordance to the relevant legislation (http://www.alia.org.au/about-alia/policies-and-guidelines/alia-policies/libraries-and-privacy-guidelines). Many councils have access to legal counsel through contracted lawyers which can be utilised by the library. In some instances licence term and conditions can be renegotiated with the vendor prior to ratifying the agreement.
last updated 17/03/2014