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Copyright Guidelines for Staff & Students of the University of the Witwatersrand, Johannesburg (WITS): Can Libraries/Archives Make Copies?

This LibGuide provides definitions, legislation and procedures for copyright clearance for teaching and research purposes.

Copying by Librarians for Users

A librarian may make one (1) copy of a work or obtain an interlibrary loan copy for a user (within the permitted amounts), as long as it is for research or private study, or for personal or private use. A librarian may not make multiple copies for users.
 

A library or archive has certain restricted rights to make copies for archive/reference purposes only (Section 13 of Act/Regulation 3).

The current copyright law has no provisions for the digital environment, so any digitisation, format-shifting or conversions to alternative formats is not permitted, without prior permission from the rights-holder. 

What can Libraries/Archives reproduce?

"Reproduction by library or archive depot (Section 3)

3. Subject to the provisions of regulation 2, a library or archives depot or any of its employees acting within the scope of their employment may, after reproduction of a copy of a work, distribute such copy on the following conditions:

(a) The reproduction or distribution shall not be made with any intention of deriving direct or indirect commercial advantage;

(b) the collections of the library or archive depot shall be open to the public or available to researchers affiliated to the library or archive depot or to the institution of which it is a part, and to other persons doing research in a specialised field;

(c) the reproduction of the work shall incorporate a copyright warning;

(d) the rights of reproduction and distribution shall apply to a copy of an unpublished work duplicated in facsimile form solely for purposes of preservation and security or for deposit, for research use, in another library or archive depot: Provided that the copy reproduced is to be placed in the collection of the library or archive depot;

(e) the right of reproduction shall apply to a copy of a published work duplicated in facsimile form solely for the purpose of replacement of a copy that is deteriorating or that has been damaged, lost, or stolen: Provided that the library or archive depot has, after a reasonable effort, determined that an unused replacement cannot be obtained at a fair price;

(f) the rights of reproduction and distribution shall apply to a copy, made from the collection of a library or archive depot to which the user addressed his request or from that of another library or archive depot, of not more than one article or other contribution to a copyrighted collection or periodical issue, or to a copy of a reasonable portion of any other copyrighted work: Provided that the copy shall become the property of the user and the library or archive depot has had no notice that the copy would be used for any purpose other than for private study or the personal or private use of the person using the work;

(g) the library or archive depot shall display prominently, at the place where orders are accepted, and include on its order form, a copyright warning in terms of regulation 6;

(h) the rights of reproduction and distribution shall apply to the entire work, or to a substantial portion of it, copied from the collection of a library or archive depot to which the user addressed his request or from that of another library or archive depot, if the library or archive depot has first determined, on the basis of a reasonable investigation, that an unused copy of the copyrighted work cannot be obtained at a fair price: Provided that-
 
(i) the copy shall become the property of the user, and the library or archive depot has had no notice that the copy would be used for any purpose other than private study or the personal or private use of the person using the work; and
(ii) the library or archive depot shall display prominently, at the place where orders are accepted, and include on its order form, a copyright warning in terms of regulation 6.
 

Exemptions and savings

4. Nothing in these regulations contained-
 
(a) shall be construed as imposing any liability for copyright infringement upon a library or archive depot or its employees for the unsupervised use of reproducing equipment located on its premises: Provided that a notice that the making of a copy may be subject to the Copyright Act, 1978, shall be prominently displayed on such equipment;

(b) shall absolve any person who uses such reproducing equipment or who requests a copy under regulation 3(f) from liability for copyright infringement for any such act, or for any later use of such copy, if it exceeds the extent of the copying permitted under the Act;

(c) shall in any way affect any contractual obligations assumed at any time by the library or archive depot when it obtained a copy of a work for its collection."
 

(Source: SA Copyright Regulations, 1978 (Section 13(3))