Getting a fair deal in Guernsey: copyright issues

Abstract

In an article on journal clubs Ann McMahon, RCN research and development adviser, wrote, ‘A journal club is an educational tool which brings together a group of people regularly to review published literature’ (McMahon 1997). At that time the nurse education centre in Guernsey was promoting journal clubs and, as librarian, I needed to ensure that island nurses knew what the legal implications would be when photocopying items to review. This started me on a trail of investigating copyright issues in Guernsey. The 1988 Copyright, Designs and Patents Act used the concept of ‘fair dealing’ when deciding what could be photocopied, in a way which would maintain the author’s rights to unique intellectual property, balanced with the needs of students and others, to make copies of the original text. Understanding the UK Copyright Act can be tricky, but in the Bailiwick of Guernsey matters are complicated by the fact that the island is self-governing and makes its own laws. The Bailiwick of Guernsey consists of the islands of Guernsey, Herm, Sark and Alderney. Guernsey is the largest in size and population. Divided into ten parishes, Guernsey measures 25 square miles, with a population of nearly 59,000 people. The island is only 30 miles from the French coast and 80 from Weymouth. Originally a Norman possession, Guernsey became associated with Britain at the time of the Norman Conquest. Charters were granted to the island by the crown, allowing the Bailiwick its own legal system and legislature. Legislation is debated at meetings of the States of Deliberation attended by conseillers, people’s deputies and douzaine representatives, who are elected by parishioners on the strength of an individual manifesto (Lewington 1994). Guernsey people have a strong sense of their individuality and their historic right to self-governance. As there are cases of librarians and library assistants