COPYRIGHT AND PHOTOCOPYING

According to the copyright Act xiii 2000, copyright applies to all literary, musical and artistic works including, among other, books, writings, musical works, photographs, illustrations, diagrams, motion picture films, computer software, databases and sound recordings.

While the responsibility for policing copyright rests with the owner, the law prohibits making copies of books or any of the other works mentioned above, by anyone, including libraries, unless authorized by the copyright owner. What is allowed is the quotation from or reproduction of minor excerpts from a work in which a copyright exist for bona fide purposes of private study, research, criticism, review or newspaper summary. This type of quotation or reproduction is referred to in the Act as "Fair Dealing".

PHOTOCOPYING GUIDELINES

The Copyright Act does not specify the number of words of passages that can be used without the permission of the author. Since, however, the Library may be held liable for infractions against the Copyright Act, the following guidelines have been drawn up.

1. Fair Dealing
It is reasonable under the terms of the "Fair Dealing" clause in the copyright Act and Regulations for one person to make, without permission, a single copy for study, private research, criticism or review as follows:

Serials: One article from one issue of a serial publication, providing that the article does not comprise the whole issue of the journal, in which case the limitations suggested for monographs would apply.

Monographs: Up to 4,000 words (approx. 10 pages) from a book if in one sequence, or up to 8,000 words (approx. 20 pages) if taken from various sections in a book, providing that the total amount does not exceed 10% of the whole work. Poems, essays, short literary works and chapters written by a contributing author are considered whole works in themselves and not as "parts" of the book. In all other instances and particularly when multiple copies are required, permission must be obtained from the copyright holder.

2. Copying for Classroom Use
The library will accept a single copy of an item photocopied in accordance with "Fair Dealing" conditions and place it in the short loan collection. The library will accept multiple copies of an item or copying in excess of "Fair Dealing" for deposit in short loan collection only if copyright clearance has been obtained.

3. Copyright Clearance
The responsibility for copyright clearance for making multiple copies of an item or copying in excess of "Fair Dealing" rests entirely with the requestor. Those needing assistance may contact the Librarian's Office.

4. Expiration of Copyright
In the case of literary, musical or artistic works, copyright expires seventy years after the end of the year in which the author dies. In all other cases it is calculated as expiring seventy years after the end of the year in which the work was made accessible to the public.

MCAST LLRC May 2005

(Reproduced with permission from the University Library Malta)