COPYRIGHT LAW, REPROGRAPHY AND INTERLENDING: A ROUND‐THE‐WORLD SURVEY

Abstract

With developments throughout the world, including the recent publication of the Report of the Register of Copyright in the USA on photocopying in libraries, a general overview of copyright as it relates to reprographic reproduction and interlending is appropriate. The European Community is in many ways a microcosm of the international scene as it brings together Continental Roman, Anglo‐Saxon and Scandinavian legal concepts. Whereas Belgium and France take a narrow view of copyright, in the Netherlands this has been broadened by the use of collecting societies, and in the UK the ‘fair dealing’ concept allows a certain latitude to librarians. The impact of British legislation is important because of its influence on many Third World and Commonwealth countries. British law is in the process of being scrutinized for revision. The economic problems associated with copyright are also important in the EC because of non‐discrimination clauses in the Treaty of Rome. In Scandinavia there is a general move towards fair dealing but licensing for multiple copying. In Canada legislation is in dire need of revision, the existing Act dating from 1921. Numerous studies and an attempt to define fair dealing have not yet led to legislation. In the USA the Copyright Amendment Act, which came into force in 1978, has just been reviewed and suggestions made that legislation should be further tightened and libraries and publishers enter into licensing arrangements. A series of legal disputes have further complicated the issue, including a judgement that suppliers of equipment used for infringement are liable for that infringement. In Australia the trend has been towards a more liberal approach to photocopying, which allows reasonable copying, including multiple copying for education, with compensation to the copyright owner where appropriate. The extent of fair dealing is defined in law. New Zealand has legislation based on the British law but with less strict regulations for declarations on the use of copies made. In the Soviet Union and Eastern Europe reproduction without compensation is permitted for specific purposes, namely those that further the well‐being of society as a whole. In China there is no formal legislation and only a glimmer of hope that it may come. Third World countries take a more pragmatic line, although their legislation is naturally influenced by those European countries that have had close links with them in the past. The main aim is to ensure reasonable compensation for their own nationals while not limiting the inflow of technical information, of which most Third World countries are net importers. A major influence in this area is Model Laws, which have been drafted by UNESCO and WIPO and accepted in many developing countries. In general such model laws allow copying, not necessarily only single copying, provided it is not for profit, is for the general welfare of the community and does not impinge on the copyright owner's economic expectations. Overall there is a general trend towards a greater definition of rights on both sides of the ownership controversy, coupled with a more realistic approach to what can and should be protected.