FACT SHEET F049v20

October 2024

Libraries: Introduction to Copyright

In this fact sheet, we outline the special exceptions (to copyright infringement) in the Copyright Act
1968 (Cth) that are available to libraries. These exceptions also apply to archives and other
collecting institutions such as galleries and museums.
For introductory information on copyright, see our fact sheet An Introduction to Copyright in
Australia.
Our book Libraries & Copyright provides in-depth guidance on the provisions of the Copyright Act
set out in this fact sheet. It is available for purchase from our website. Information about our
education programs is available here.
This fact sheet gives general introductory information about copyright. If you need to know
how the law applies in a particular situation, we recommend you seek legal advice.

Key points
• Libraries and archives can rely on specific exceptions that entitle them to:
o copy and communicate material in their collections for clients and other libraries, and
o use material for preservation, research, and administrative purposes.
• Libraries and archives can minimise their risk of ‘authorising’ copyright infringement by
using warning notices near copying equipment.

1. Special provisions for libraries and archives

There are provisions in the Copyright Act that allow staff of libraries and archives to use (e.g.
reproduce and communicate) copyright material in their collections for certain purposes without
permission from the copyright owner.
The Copyright Act does not define ‘library,’ but various provisions suggest that a library is an entity
that owns a collection of materials and provides certain services in relation to it, including access to
the collection.
‘Archives’ is defined as a collection of material of historical significance or public interest, being
maintained for the purpose of conserving and preserving the material. The collection must not be
maintained and operated for profit. The Copyright Act outlines that museums and galleries may
meet the definition of ‘archives.’
The special provisions are available to all libraries whether or not they are conducted for profit or
are part of a profit-making enterprise such as a library in a corporate office. However, some
provisions are only available to libraries whose collections are accessible to the public, that is,
either directly or through interlibrary loan. In addition, if a library charges for supplying to a client or
to another library, the charge must not exceed the cost of making and supplying the copy.

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2. Copying for clients’ research or study

2.1 Published material
Under section 49 of the Copyright Act, a library may copy published written, artistic and musical
works in its collection for people who have requested the material for their research or study. The
requests must be in writing and must be accompanied by a signed declaration from the client.
There are some further administrative requirements for copying published material for clients.
There is no specific equivalent provision which allows copying of audio-visual material such as
CDs and DVDs.
2.2 Old unpublished material
Under section 51(1), a library may copy an unpublished literary, dramatic, musical or artistic work
where the creator of the work died more than 50 years ago, for a client’s research or study or
where a person wants to publish the work.
Under section 110A, old, unpublished film footage and sound recordings may be copied for a client
who wants the copy of the item either for their own research or study, or because they want to
make it publicly available. Note, however, that the client may need various permissions to publish
the recording or film and to make further copies of the copy provided by the library. This is because
material in the recording or footage (for example, any music or lyrics or script or artistic works),
may still be protected.
2.3 Manuscripts and other original items
Section 113J of the Copyright Act, allows a library or archive to use original material in the
collection (including audio-visual material) for the purpose of research. The research can take
place either at the library or archive itself, or at another library or archive.
Where a library or archive makes a research copy of original material under section 113J, that
research copy may be made available in electronic form on the library or archive’s premises for
users to access. However, the library or archive must take reasonable steps to ensure that people
who access the electronic research copy do not infringe copyright (e.g. by enabling the person to
make a copy).

3. Copying for other libraries

A library may copy a published written, artistic and musical work in the library’s collection for
another library which has requested it for inclusion in its collection, or for another library to supply
to its client for research or study. The material may be supplied by email.
There are limits on what can be copied, depending on whether the material is in hardcopy or
electronic form and whether or not it is commercially available.
There is no specific equivalent provision which allows copying of audio-visual material such as
CDs and DVDs.

4. Copying for preservation

Under section 113H of the Copyright Act, a library or archive may use copyright material (including
audio-visual material) for the purpose of preservation, if either or both of the following conditions
apply:
• the library or archive holds the copyright material in its original form, and/or
• the authorised officer of the library or archive is satisfied that a preservation copy cannot be
obtained in a version or format that is preservation best practice.
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A library or archive can make an electronic preservation copy available for people to access, but
only onsite on the collecting institution’s premises, not via an online website. The collecting
institution must also take care that a person who accesses the electronic preservation copy does
not infringe copyright in it (e.g. by enabling a person to make a copy).
A similar provision (section 113M) also exists for key cultural institutions to use where an
authorised officer is satisfied that the material is of Australian historical or cultural significance. A
collecting institution is a ‘key cultural institution’ if the body that administers the institution:
• is established under a Commonwealth, state or territory law, for the function of developing
or maintaining the collection (e.g. a state library), or
• is prescribed as a key cultural institution in the Copyright Regulations.

5. Administrative purposes
Section 113K of the Copyright Act, allows a library or archive to use copyright material (including
audio-visual material) for ‘administration of the collection’, specifically ‘purposes directly related to
the care or control of the collection’. For instance, creating back-up copies, record keeping, and
using collection material for training purposes are permitted, and will not infringe copyright.

6. ‘Special case’ exception for maintaining or operating the library

A library may copy and communicate material for the purpose of ‘maintaining or operating the
library.’ This includes operating the library ‘to provide services of a kind usually provided by a
library,’ provided:
• the circumstances of the use amount to a special case
• the use does not conflict with a normal exploitation of the material
• the use does not unreasonably prejudice the legitimate interests of the owner of the
copyright, and
• the copying is not made for commercial advantage or profit.
The material need not be in the library’s collection. The exception does not apply to an activity
covered by another exception in the Copyright Act (such as supplying to a client for research or
study). This exception is more complex than others, and you may need advice about whether it
applies in a particular situation. For introductory information on this provision, see our fact sheet
Section 200AB: the Special Case or Flexible Dealing Exception.

7. Parliamentary libraries and Australian Archives

Parliamentary libraries have greater privileges than other libraries: they can do anything with
copyright material, for the sole purpose of assisting a Member of Parliament in their duties.
There are also additional provisions specifically for the National Archives of Australia.

8. Libraries in governments
Federal and state government departments may use copyright material for the services of the
government provided they meet certain requirements.
For details, see our fact sheet, Government: Commonwealth, State & Territory.

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9. Libraries in educational institutions

If your library is in an educational institution, you may be able to make copies for your clients under
the statutory licences for educational institutions set out in the Copyright Act which are
administered by Copyright Agency and Screenrights.
For more information on these schemes, see our fact sheets Education: Copyright Basics and
Education: Using AV materials

10. Exceptions that may be relevant to library clients: ‘fair dealing’

Clients of your library may be able to rely on exceptions in the Copyright Act that allow ‘fair dealing’
with copyright material for certain purposes, in particular for research or study.
To find out about these exceptions, see our fact sheets, Fair Dealing: What Can I Use Without
Permission and Research or Study.

11. Licences from Copyright Agency

Your organisation may have a licence from Copyright Agency that allows you to copy material for
the purposes of the organisation. These licences are in many ways, broader than the provisions of
the Copyright Act:
• the licences generally allow copying for the purposes of the organisation, rather than the
specific purposes set out in the Copyright Act
• proactive copying (such as copying articles for staff current awareness) can be done under
such licences
• paperwork is often simpler than under the Copyright Act – for example, there is no need to
get declarations in relation to each copy
• the licences apply to staff within the organisation, not just the librarians, and not just to
material in the library’s collection.
Copying is subject to broad limits, generally 10% or one chapter of a book. Some digital use is
permitted. Note that unlike the library provisions of the Copyright Act, your organisation pays an
annual licence fee for copying under the Copyright Agency licences. For further information, go to
the Copyright Agency website.

Frequently asked questions (FAQs)

We have unpublished material in our collection. Can we copy it for clients?
There are some situations where you may be able to do this. You may copy:
• an unpublished written, artistic or musical work, whose creator has been dead for more
than 50 years, for a client who needs the copy for research or study. There are similar
provisions for unpublished films and sound recordings made more than 50 years ago
• a manuscript or other original items to supply to a person for research that will be carried
out on the library’s premises or on the premises of another library.
Note also that a client may be able to rely on fair dealing provisions in the Copyright Act (for
example, for the purposes of research and study) to copy this material themselves.
Prior to 1 January 2019, there was a distinction made between published and unpublished works.
That distinction was removed following changes to the Copyright Act that took effect from 1
January 2019. Copyright protection for all works (published or unpublished) lasts for a limited

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period of time and once it expires, those works become available for all to use without permission
and for any purpose. Further information may be found in our fact sheet Duration of Copyright.

Can we supply documents in response to inter library or client loan requests that we have
obtained from overseas sources?
Once an item is in your library collection, you may deal with it as you would any other item in your
collection. You may supply it in response to inter library loan requests and client requests, as long
as you follow the procedures set out in the Copyright Act.

Do copyright owners or their agents have the right to inspect the library?
Owners of copyright and their agents (such as Copyright Agency), have the right to inspect the
declarations retained by the library in connection with copying under the library provisions. They
must give the library at least seven days’ notice of their intention to inspect.

If we copy material for our clients’ research or study, are there any copyright issues if we
retain copies of that material under our email archive policy?
While libraries are entitled to supply clients with published material they require for their research
or study by methods such as email, the Copyright Act is very specific in requiring that any retained
copy be destroyed ‘as soon as practicable after [a] reproduction is communicated’.
If your library supply clients with copyright material, under section 49, by email it will technically
need to alter its email archiving policy so that copies of third-party material (such as articles and
chapters of books) are not retained as part of any email archive.

We are a corporate library. What can we copy for our clients?

You are able to copy material in which the corporation owns copyright – such as archival material
and reports published by the corporation. If you want to copy third party copyright material that is in
the collection, you may use the provisions outlined in this fact sheet. However, if you want to
engage in interlibrary supply, you will need to make your collection, or part of your collection,
available ‘to the public.’ Most corporate libraries do this by participating in interlibrary loan
schemes.

Can we copy covers of AV items so people can see what we have in our collection?
You may make these copies under the ‘administrative purpose’ provision and use them on your
library intranet for purposes directly related to the care and control of the collection, for example,
cataloguing.

If we have digitised something under the preservation exception, do we need to destroy the
original?
No, there is no longer any requirement that the original be damaged or destroyed before you can
make a preservation copy, provided the requirements of the preservation provision (section 113M)
are satisfied.

Can we give clients online access to newspaper clippings we have scanned into our
database under the preservation exception?
Anything that has been digitised under the preservation or research exceptions can be made
available for access by the public, but only onsite at the library or archive premises, and you must
take reasonable steps to ensure that people accessing those copies can’t infringe copyright. For
example, any computer terminal on which people can access a research copy or preservation copy
should not:
• be connected to a printer
• have open USB ports where a user could make or download a copy, or
• be connected to the internet.

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Copies of in-copyright material made for preservation, research, or administration purposes cannot
be uploaded to your website to be accessed on the internet.

Can we charge borrowers a deposit before they borrow material?

Yes, provided that, for sound recordings and items containing computer programs, the deposit is
aimed at ensuring the return of the item and is returned to the borrower upon its safe return.

Is a librarian responsible for infringements by library clients?

A librarian may infringe copyright if they authorise a client to make an infringing copy. Generally, a
librarian will not be liable for authorising the making of infringing copies on a photocopier in the
library if the prescribed warning notice is placed near the machine. It is also a good idea to have
similar notices near other copying equipment such as computers.
Our fact sheet Notices on Photocopiers & Other Copying Equipment, contains these notices.

Can a library copy material for a person with a disability?

Libraries may rely upon the library copying provisions in the Copyright Act to copy on behalf of
clients, whether or not they have a disability. Copies made under these provisions may be adapted
to the needs of a client with a disability, for example by being made in large print.
Libraries can rely on the specific provisions relating to people with a disability if they are libraries
within an educational institution or a disability organisation. If not, they may request an institution
assisting people with a disability to make a copy under the relevant provisions; the library may then
pass that copy on to the person with the disability.
Libraries may also make copies for people with disabilities under the fair dealing exception for
purpose of access by persons with a disability.
See our fact sheet Disability Access & Copyright.
Can we scan or copy book covers to post into a library blog or into our online catalogue?
There is no copyright issue if the cover does not include any copyright works. However, most
covers include ‘artistic works’ (such as illustrations or photos) and many also include ‘literary
works’ (such as abstracts), and these can be protected by copyright.
It is generally accepted that it is in the public interest that libraries are able to reproduce book
covers to promote library programs and collections, and to connect readers with books and
authors.
The Australian Publisher’s Association (APA) has therefore agreed with the Australian Library and
Information Association (ALIA) that APA members allow libraries to use book covers for
promotional purposes, such as posters, library displays, catalogues, bookmarks, other marketing
materials, and also websites and social media posts, without needing to seek prior permission or
make payments to copyright owners.
Further information on this question may be found in our fact sheet, Book Covers.

A patron has loaned us an original manuscript of a famous Australian

author’s published work to be displayed at an upcoming event. The manuscript is
very fragile and we want to make a digital copy for event visitors to interact with. What can
we do?
Because the work is on loan and not part of the library’s collection, the library exceptions in the
Copyright Act will not apply to allow the library to use the book by making a copy of it.
Section 200AB may apply to enable the library to make a digital copy to be used at the event,
provided that the copy will not unreasonably prejudice the legitimate interests of the copyright
owner (e.g. by taking measures to ensure that users cannot make a copy of the digital interactive
copy).
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Our library runs Storytime readings for local kids, their parents and friends. Are there any
issues here?
Section 28 of the Copyright Act may apply where the Storytime reading is for the purpose of
educational instruction, it is to a closed group (a ‘class) (so that members of the general public
cannot simply join in at any point), and the instruction is not given for profit.

A client with a print disability is asking for us to copy a book in our library collection in
large print so they can read it for some work they are doing. The book is very rare and not
in print. We checked and there are no suppliers that make large print copies. What
can we do?
You may be able to make a copy of the material under the exceptions for access by persons with a
disability. The exception allows organisations assisting persons with a disability to provide
copyright material in an accessible format to those persons, without infringing copyright. However,
you (as an organisation assisting persons with a disability) must first be satisfied that the material
cannot be obtained in the appropriate format within a reasonable time at an ordinary commercial
price. For further information, see our fact sheet Disability Access & Copyright.

We are a corporate library and do not participate in any interlibrary loan scheme. Another
library wants a copy of a journal article we have that is not available anywhere else. We
don’t want to lend the journal. Can we copy the relevant article for the other library?
Most of the client supply exceptions in the Copyright Act are only available to libraries and archives
that have their collections accessible to members of the public. As your library is a corporate
library, these exceptions are unavailable. Section 200AB might allow you to make a copy of
the article for the other library if the conditions of that section are satisfied.

A Filipino client wants a book in our collection translated into Tagalog. We have checked
and this book is not available for purchase in Tagalog. The client is willing to pay for a
translator. Can we translate the book?
Translation of a literary work involves the right of adaptation. The right of adaptation is not covered
by the client supply exceptions under section 49, and while section 113J (Research) could allow
for a translation to be made, it only applies to material held by the library in its original form (e.g. an
author’s original manuscript).
Section 200AB might allow you to make a copy of the book in Tagalog for your client.

Further information and advice

We have a range of other fact sheets on specific topics and publish books that focus on particular interest
groups. Check our website for information about our publications here and details of our seminar/webinar
program here.
An Australian Copyright Council lawyer may be able to give you free preliminary legal advice about an issue
not addressed in a fact sheet. This service is primarily for professional creators and arts organisations but is
also available to staff of educational institutions and libraries and members of our affiliate organisations. For
further information about the service, see Legal Advice on our website.

Reproducing this fact sheet

Our fact sheets are regularly updated. Please check our website to ensure you are accessing the most
current version. If you wish to use this fact sheet for any purpose other than your reference, please contact
us.

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About us

The Australian Copyright Council is an independent, not-for-profit, non-government organisation. Founded in

1968, we represent the peak bodies for professional artists and content creators working in Australia’s
creative industries. Our objectives include:

• to assist creators and other copyright owners to exercise their rights effectively

• to raise awareness in the community about the importance of copyright

• to identify and research areas of copyright law which are inadequate or unfair

• to seek changes to law and practice to enhance the effectiveness and fairness of copyright

• to foster co-operation amongst bodies representing creators and owners of copyright.

The Australian Copyright Council acknowledges the Traditional Owners and Custodians of the lands on
which our office is located, the Gadigal people of the Eora nation, and all Traditional Owners of Country
throughout Australia. We pay our respects to all Elders past and present, and recognise their continuing
great, creative and cultural expressions.

The Australian Copyright Council is

assisted by the Australian Government
through Creative Australia, its principal
arts funding and advisory body.

© Australian Copyright Council 2024

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