Copyright

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Requesting photocopies of unublished material

Under EU copyright regulations Special Collections is not permitted to provide copies of ANY material in copyright for a commercial purpose without the written permission of the copyright holder.
It is your responsibility to obtain permission from the copyright holder. The WATCH website may help you track down copyright holders.

What is a ‘commercial’ purpose?
It is your responsibility to decide whether a photocopy that you make, or request, is for a commercial or a non-commercial purpose. Unfortunately, the legislation does not define a ‘commercial’ purpose. The following guidance is based on information from the British Library Copyright Office and other established authorities. However, please note that this guidance cannot be regarded as formal legal advice.

‘commercial’ is in practice synonymous with directly or indirectly income-generating (and, therefore, has a broader meaning than profit-making)

it is your intention at the time of making or requesting a copy that counts in deciding whether it is for a commercial purpose – not a later, originally unforeseen, use that you make of the copy

the fact that you work for a non-profit making organisation (such as a University) does not mean that all copies that you make or request are, as a consequence, for a non-commercial purpose

 

The following are examples of what could be considered a ‘commercial’ purpose

Work done for a spin-off company owned by the University or a charity, even if all profits are covenanted to the University or the charity

Work done in drafting a book, book chapter, or an article for a scholarly journal for which the author will be paid or receive royalties

Work done in preparation for a conference speech for which the speaker will be paid, over and above expenses

Research undertaken or contracted-out by a commercial company in support of its commercial activities

Market research or competitor intelligence in all organisations

Searching for legislation and regulations for a commercial company

Research whose results will be passed to a commercial company for commercial use

Work done to assist in private medicine

Work done by an information broker for clients.

 

Are you a visitor to the University?
Please note that it is your responsibility to ensure that any photocopying which you undertake in the University Library conforms with the law.

Particularly if you work for a commercial organisation, it is likely that most of your photocopying will be for a commercial purpose. Such photocopying must only be undertaken with the permission of the copyright owner or under licence. Your employer may have a licence from the Copyright Licensing Agency which covers photocopying by you.

For further information about copyright, please visit: http://www.sussex.ac.uk/records/1-2-1.html