coming to terms with e-books Understanding the relationship between e-book licence terms and conditions and Australian copyright laws Ellen Broad Executive Officer Australian Digital Alliance Copyright adviserAustralian Libraries Copyright Committee

Our starting point: Contract overrides copyright The terms and conditions of an e-book or other digital content licence can amend, restrict or override available exceptions or limitations in Australian copyright law

What copyright exceptions do libraries rely on? Section 49 and 50 Copyright Act – document supply and inter-library loan Sections 51A, 51B and 110B – preservation copying Section 200AB – Flexible dealing Section 183 – Crown copying Section 48A – Copying by Parliamentary libraries Part VA and VB statutory licences – educational copying

How might these be contracted out? The electronic form may be used as a source for Inter Library Loan whereby articles can be printed and these print copies be delivered via postal mail or fax to fulfil ILL requests from an academic, research or other non-commercial library. Requests received from commercial, for-profit companies or directly from individuals may not be honoured." "the on-line version of this e-book may not be used by institutions or their authorised users for making inter-library loans. Authorised Users may, subject to clause 4 below: (i) Access, search and view the Work for personal use only; (ii) copy and paste one chapter of each title in the collection in question, or up to 5% of the pages from the total collection, whichever is the greater, for personal use only, during any given four-week period, unless otherwise stated in a collection;

Other e-book licence terms and conditions Remember, purchases are more aptly described as leases Revocable rights – x grants…a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable license to view, use, and/or play a single copy of the Materials… Modify the text – x reserves…the right to replace, edit or modify the contents of any RH eBook. Confidentiality – is individual user information being recorded? Breach of contractual terms/conditions – penalties for breach of contract?

How can we safeguard copyright exceptions in e-book licences?

Raise awareness

Thank you and questions Ellen Broad Executive Officer Australian Digital Alliance Copyright adviserAustralian Libraries Copyright Committee