Re: fair dealing in UK

Thanks all,

who answered my question about fair dealing and UK law!

Seems as if I am not the only one who detects a problem here. Although it might not be a statutory conflict per se, it is certainly a problem in practise. The only way to execute the right to fair dealing in the case I mentioned is to obtain a copy through other channels than a prescribed library.

Excluding one of the most important channels of dissemination of information and knowledge in society in this way is a shame, I think. Who gains from it - not the original authors, photographers or artists anyway. Their works may still be "dealt with in a fair way" - just not with the assistance of certain libraries.

Timothy Arnold-Moore (thanks for the great links, BYW!) has a point in that

"I think there is a strong argument that the library copying a work
on behalf of somebody covered by fair dealing is itself a fair dealing whether the purpose
is for research and study or criticism and review. "

The problem is that such a handling would immediately get in conflict with the agreement on usage that one has signed, as Edward Barrow said:

"The copy is made by the library for supply to you under the
provisions of S.38; S.30 would apply to the subsequent reproductions in the published article. However, when you obtain a copy under S.38, you are required to sign a declaration in the form set out in the Regulations, ..."

In Sweden it is much easier to get copies from libraries, and no agreement has to be signed. The responsibility lies with the person requesting copies that he/she will not use them in a way that would infringe copyright.

Karl-Erik Tallmo

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