Copyright for librarians

A guide for librarians outlining entitlements to use and copy material.

The table below outlines entitlements to use and copy material, according to the Copyright Act. All use of copyright material is subject to the "moral rights" of the author/authors. If part of a copyright work is copied, it must always be accompanied by sufficient attribution, and must be reproduced faithfully.

Type of work What you want to do Conditions of supply
Literary, dramatic, musical work: published book and periodicals Supply a copy of parts of published works to a person who has requested it
  • The copy may include an artistic work (illustration, diagram, chart, etc) that appears within the proportion copied.
  • The copy must be of a reasonable proportion of any published work, other than an article in a periodical.
  • Copy a whole article in a periodical.
  • No person may be supplied with more than one copy of the same material on any single occasion.
  • If a person to whom a copy is supplied is required to pay for it, the payment required may not be higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library.
  • A person who is supplied with (or otherwise comes into possession of) a copy made under this entitlement may only use it for the purposes of research or private study.
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.
Literary, dramatic, musical work: published book Supply a copy to another library, so that library can supply it to a person who has requested it
  • The copy must be of a reasonable proportion of any published book or musical work, and the librarian may include in the copy any artistic work (diagram, picture, graph, chart, etc) that appears within the proportion copied.
  • A person supplied with (or who comes into possession of) a copy made under this entitlement may only use it for the purposes of research or private study.
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.
Any item in library collection Copying for replacement in the University of Auckland's Library's collection

A librarian may make a copy of an item for the purpose of preserving or replacing that item, in addition to or in place of the item but only if it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.

A digital copy can only be made for preservation in the library's collection if:

  1. The original item is at risk of loss, damage, or destruction; and
  2. The digital copy replaces the original item; and
  3. The original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may benefit from access to the original item; and
  4. It is not reasonably practicable to purchase a copy of the original item.
Any item in library collection Copying to supply another library, for that library's collection

The librarian to whom the copy of the work is supplied must:

  1. Have been unable to obtain the work at an ordinary commercial price within the 6 months preceding the supply; and
  2. Make and keep a record sufficient to identify the work copied; and
  3. Permit the inspection of the record by the copyright owner during normal office hours; and
  4. Pay, on demand, equitable remuneration to the copyright owner for the work copied.

If the copy to be supplied to another library is a digital copy, then the librarian supplying it must destroy any digital copy made in the process of supplying it as soon as reasonably practicable.

Digital work Make digital copies of the work available to authenticated users of the University of Auckland Library
  • The digital copy has been obtained lawfully;
  • The librarian ensures that each user is informed in writing about the limits of copying and communication allowed under the Copyright Act, including that a digital copy of a work may only be copied or communicated by the user in accordance with the Copyright Act; and
  • The digital copy is communicated to the user in a form that cannot be altered or modified; and
  • The number of users who access the digital copy at any one time is not more than the aggregate number of digital copies of the work that the library or the archive has purchased; or for which it is licensed.

An authenticated user means a person who:

  1. Has a legitimate right to use the services of the library or archive; and
  2. Can access the digital copy only through a verification process that verifies that the person is entitled to access the digital copy.
Unpublished works Supply a person with a copy from an unpublished work in the library collection
  • No person is supplied on the same occasion with more than one copy of the same work; and
  • Where a person is required to pay for a copy, the payment is no higher than the sum of the cost of production of the copy and a reasonable contribution to the general expenses of the library.
  • The librarian may not copy an unpublished work under this entitlement if the copyright owner has prohibited copying, and at the time the copy is made the librarian is or ought to be aware of this.
  • A person supplied with a copy (or who comes into possession of a copy) under this entitlement may only use it for the purposes of research or private study.
  • When a digital copy is supplied the librarian must give the person to whom the copy is supplied a written notice that sets out the terms of the use of the copy and destroy any additional copy made in the process.