Duplicating documents or materials for business purposes
Changes in Copyright Law Affect Photocopying Rights for Commercial Purposes
In a significant shift for many organizations, the 'research and private study' exception no longer applies to commercial copying due to changes in copyright law. This means that organizations, including schools and educational institutions, must now obtain licenses to photocopy for commercial purposes to protect themselves from copyright infringement.
The Copyright and Related Rights Regulations 2003, implemented in October 2003, have had a considerable impact on the business practices of numerous organizations. The regulations have made it necessary for these organizations to adhere to statutory and contractual provisions regarding analog and digital copies, including agreements with rights holders and collective licensing contracts.
The rules regarding photocopying for commercial purposes are not clear-cut about what constitutes a commercial purpose. However, if research may result in any commercial benefit, it falls outside the exception. To avoid copyright infringement and licensing requirements, organizations must ensure that the author of the material being copied is sufficiently acknowledged, except where it is practically impossible to do so.
Two main licensing agencies exist: the Copyright Licensing Agency (CLA) and the Newspaper Licensing Agency (NLA). The CLA represents the interests of authors and publishers of literary works, while the NLA handles newspapers. Licenses from these agencies cover most, but not all, copyright publications for copying in the UK.
Previously, much reliance was placed on the 'research and private study' exception for copying without a license. However, with the changes in copyright law, organizations should conduct a review of their business practices, photocopying habits, purposes, licensing terms, and introduce an internal photocopying policy, staff training, and an appointed overseer.
It is important to note that the Out-Law Guide on photocopying rights, last updated in August 2008, is no longer being maintained and is intended for historical interest only. This guide does not provide current information on licensing requirements and exceptions. Organizations should consult the most recent resources and seek legal advice to ensure they are compliant with the current copyright laws.
In conclusion, the changes in copyright law have made it crucial for organizations to review their photocopying practices and obtain the necessary licenses to avoid copyright infringement. The rules regarding commercial photocopying are not always clear, but organizations can take steps to ensure they are in compliance, such as conducting a review of their practices, implementing a photocopying policy, and seeking legal advice.
