Share this page  

1. Purpose

To define the State Library policy on applying copyright provisions to the original materials collections, in regard to access to, reformatting and communication of materials in the collection.

2. Scope

The policy covers private archives, photographs, oral history sound recordings, video recordings, transcripts, synopses and all other materials included in or derived from the State Library’s original materials collections regardless of format.

3. Context

The State Library holds a large collection of Western Australian and non-Western Australian original materials which have been acquired and developed under a number of regimes, with different approaches to deposit, copyright and access to materials.  Information technologies and the business of operating a library have changed drastically over the time that the State Library’s collections have been developed.  This means that approaches to access and copyright, and to agreements made with donors and copyright holders, which may have been appropriate at the time they were made, are no longer appropriate in the current environment.  This policy establishes the State Library’s current position with regard to access and copyright in original materials, and to dealing with the legacy of historical approaches.

4. Policy Statement

It is the policy of the Library Board of Western Australia that the State Library will allow the greatest possible access to materials within the original materials collections, both in physical and digital formats as appropriate.

Copyright ownership and copyright permissions shall be determined at the point that materials are deposited in the collection.  Access restrictions and other special conditions may be negotiated with donors on a case-by-case basis, but will always have an end date. 

The State Library shall make full use of copyright exceptions granted in the Copyright Act 1968 in reformatting and communicating materials in the original materials collections, as appropriate.

Where uncertainty or ambiguity exists in historical copyright deeds, agreements or permissions for original materials, the interpretation shall favour allowing the State Library to provide the greater access to materials within the collection, both within the State Library building and in digital form online.

In contacting rights holders and donors, the State Library shall use standard practices for Reasonable Search for Orphan Works, as per National and State Libraries Australasia and State Library guidelines.

Original materials which are made available online, whether through the interpretation of an agreement, a determination that the work is orphaned or some other means, shall be accompanied by a disclaimer stating that the State Library has acted in good faith and inviting rights holders to contact the State Library if they believe their works have been used without permission.  Upon evidence of a claim from the rights holder, the State Library will negotiate options which support their copyright and moral rights, including take-down.

5. Responsibilities

Director Collection Services (content and implementation).

6. References

• Copyright Act 1968 (Commonwealth)
• Reformatting Policy. Policy Statement No. 56
• NSLA Position Statement on Reasonable Search for Orphan Works
• NSLA Guidelines for Reasonable Search for Orphan Works

7. Authorisation and Review 

Approved by: The Library Board of WA on 1 September 2011
Review date: September 2014