1 Implementing the new copyright legislation Andrew Braid Licensing & Copyright Compliance The British Library

2 Reasons for change WIPO Copyright Treaty December 1996 (DMCA USA 1998) Needs 30 countries to ratify it (happened in mid- 2002)

3 EU Copyright Directive “The harmonisation of certain aspects of copyright and related rights in the information society” Implemented “to meet the challenges of the Internet, e-commerce and digital technology.” 22 June month implementation period (22 Dec 2002) 22 optional exceptions plus one mandatory (for incidental or transient storage of e-files) Note that existing exceptions cannot continue if they are outside the 22 listed.

4 UK Implementation Changes implemented via European Communities Act, restricts changes only to those required Consultation Process August – October 2002 Main changes proposed: Legal protection for technological systems Control of on demand transmission Changes in sanctions an remedies Compliance with compulsory and permitted exceptions Limits fair dealing to non-commercial purposes only

5 Current law Fair dealing (s29) “Library Privilege” exceptions (ss37-39) Supply of copies to other prescribed libraries (s41) Supply of replacement copies (s42) Parliamentary and judicial proceedings (s45) Royal Commissions and statutory inquiries (s46)

6 Copyright Regulations (SI 1989:1212) Defines prescribed libraries Details regulations for supply under ss 38 and 39 Declaration form Details supply under ss 41 and 42

7 Probable changes Limitation of copies required for research and private study to research of a non-commercial purpose and private study Fair dealing Library exceptions Solution Licensed copies Problem areas Reading Rooms Newspapers Maps

8 What BL is doing FAQs Re-registration of document supply customers Copyright Fee Paid service Reading Rooms Newspapers Maps

9 What the CLA is doing ‘Sticker’ scheme for readers Set fee Counterfoil to record details Fee passed to CLA Scheme for document supply Low use <10 cpm Medium use 10 – 100 cpm High use > 100 cpm

10 Others Newspapers Discussions with NLA Maps Discussions with Ordnance Survey Electronic signatures