Library Licence Agreements and Copyright

Libraries all over the world, as part of their subscription processes to electronic journals, databases and other e-resources are, in most cases, required to sign licence agreements or contracts with individual publishers, before access is granted.

As opposed to print purchases where libraries owned the product after the completion of the purchase transaction, ownership of electronic resources such as journals and databases continues to reside with the publisher, with libraries only paying for the ‘right to access’ these resources for the duration of their subscription.

Licences

In order to protect their investments publishers, through contracts and licence agreements, impose strict limitations on libraries such as:

• who can access these resources, ie. University staff and students, public users.
• whether they can be accessed by multiple users at multiple locations
• how they can be reproduced and for what purposes

Further information on individual database licence agreements may be available from the Division of Library Services Databases web site located at http://www.library.cqu.edu.au/resources/databases/index.php / or by contacting the Division's Technical Services Librarian on 4930 6838.

Please note: Some licences are subject to commercial-in-confidence conditions.

Copyright

These can vary from company to company, but in all cases supersede Australian copyright legislation. In fact, because we are required to sign individual agreements or contracts, access to and usage of these resources comes under the jurisdiction of contract law.

This discrepancy between copyright and contract law, and which one takes precedence, has been identified as a major issue affecting libraries. A spokesperson from the Attorney General's Department advised us today (16/4/2003) that... 'the 'official response "The CLRC Report (into the relationship between Copyright and Contract) is currently under consideration by the Attorney General's Department.'

For further information please refer to the University's Copyright Information page located at http://www.cqu.edu.au/copyright/ or contact the University's Copyright Officer on 4930 9098.