Interpreting ‘accessible to members of the public’: Implications for collections using ss 49 and 50 of the Copyright Act (Australia)

Abstract

<p>When Australian libraries, archives and museums provide their services, it is important that they understand the implications of ss 49 and 50 of <i>Copyright Act 1968</i> (Cth). When libraries and archives provide users with reproductions of published works, s 49 applies. When libraries and archives provide reproductions of published works to other libraries and archives, s 50 applies. It is important that libraries, archives and museums are clear about the constraints of these two sections to ensure that their actions are protected under the copyright law.</p> <p>Sections 49 and 50 are limited by the definitions of 'library' and 'archives' in <i>Copyright Act (Australia) 1968</i> (Cth) and such definitions are noted in ss 49 and 50 for purposes of those sections" that is 'libraries' and 'archives' are those entities which are 'accessible to members of the public'. However, the phrase 'accessible to members of the public' is not defined in the <i>Copyright Act(Australia) 1968</i> (Cth) though the meaning of the phrase is important to determine which libraries, archives and museums can make use of ss 49 and 50. The meaning of the phrase is important for collections to ensure they act within the scope of ss 49 and 50. This thesis identifies several factors relevant to the interpretation of 'accessible to members of the public' ranging from the historical evolution of ss 49 and 50 to the individual responses of members of staff who work in libraries, archives and museums.</p> <p>This thesis identified that there cannot be a single, all-encompassing definition of 'accessible to members of the public' common to all libraries, archives and museums, and it would be difficult to have an all-encompassing definition of the phrase in the This thesis identified that there cannot be a single, all-encompassing definition of 'accessible to members of the public' common to all libraries, archives and museums, and it would be difficult to have an all-encompassing definition of the phrase in the Copyright Act (Australia) 1968 (Cth). However, there can be definitions of 'accessible to members of the public' to match each category of libraries, archives and museums identified in this research. This thesis provides examples of such definitions, which gives an idea about what these definitions might look like in practice. This research also provides guidance for libraries, archives and museums to define this phrase. (Cth). However, there can be definitions of 'accessible to members of the public' to match each category of libraries, archives and museums identified in this research. This thesis provides examples of such definitions, which gives an idea about what these definitions might look like in practice. This research also provides guidance for libraries, archives and museums to define this phrase.</p>