Chapter 8

Copyright and Digital Cultural Heritage: Exceptions for Libraries, Archives and Museums

Written by Ronan Deazley, May 2017

While many exceptions to copyright are intended to enable the use of copyright work by anyone, other exceptions concern the use of work within certain institutional contexts, for example, by libraries, archives and museums (CDPA, ss.40A-43A). In this commentary, we focus on exceptions specific to memory institutions. Some of these exceptions extend to all archives, libraries and museums (preservation copying under s.42), while others enable copying by librarians and archivists only (copying unpublished work under s.43), or indeed just by librarians (copying published work under s.42A).

This commentary does not follow the strict logic (order) of the exceptions as they are presented within the CDPA. Rather, we have adopted a more functional approach relating to: preservation copying; copying for individual users; copying and lending material to other institutions; and, making material available to the public digitally, whether through dedicated terminals or online.

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