Copyright policy

A copyright statement applying to the use of services at Whangarei District Libraries.

General principles

1. The library strongly supports the principles of copyright and the rights of copyright owners, and therefore takes all appropriate actions to ensure that copyright is not breached within the library, either by staff or by users.
2. The library has a responsibility to educate its staff and its users on copyright issues affecting them, including issues relating to copyright and the Internet.
3. The library treats its staff and its users with respect, observes and preserves their privacy and considers them to be innocent unless evidence proves otherwise.
4. The library has a compliance programme in place, with regular checks being made that the conditions of the Copyright Act are being observed.
5. Library staff have a responsibility to investigate and stop any apparent breaches of copyright which they observe taking place on library-supplied photocopiers, scanners, audio, video and DVD players, computers and other equipment.
6. The library has an obligation to investigate and respond in a timely manner to charges of alleged copyright infringement sent to it by IPAPs (Internet Protocol Address Providers) or copyright owners.
7. The library has the right to challenge and dispute such charges.
8. The library advises IPAPs or copyright owners if its systems do not enable it to identify individuals who have used library computers on dates and times at which breaches of copyright have been alleged.
9. Restriction of access to the internet or equipment within the library is seen as a last resort.

Library users

1. Education on copyright issues relating to library users is provided as appropriate.
2. The library posts warning notices about illegal copying, and the provisions of the Copyright Act relating to fair dealing, adjacent to its photocopiers, scanners and other library-supplied equipment.
3. The library posts warning notices regarding copying and downloading from the Internet adjacent to its public-access computers and on screen-savers.
4. Where possible, the library blocks access to internet sites the sole purpose of which is known to be to facilitate the illegal downloading of materials from the internet.

Allegations of breaches of copyright

If the library receives notification from an IPAP or copyright owner that there has been an apparent breach of copyright on a library-owned computer, the library investigates and takes appropriate action, as detailed below.

1. If the person can be identified, the facts of the case are ascertained.  If the alleged breach is substantiated, the person is given information on copyright law as this affects library users, and is warned (in writing if contact details are known) that a repetition may result in the person being banned from using public-access internet computers in the library.
2. If notification is received of a second apparent breach of copyright by the same person and if that breach is substantiated, the person is given a second warning and advised (in writing if contact details are known) that a third breach will result in restriction of access to the Internet within the library.
3. If notification is received of a third apparent breach of copyright by the same person, and if that breach is substantiated, the person is told (in writing if contact details are known) that s/he may not use library-supplied public-access internet computers in the library other than to access the library catalogue or library-subscribed electronic resources, for a period of six months.

If the person is a member of the library, any information with regard to warnings or restriction of access to the internet is noted on the person’s library record. If the person is not a member of the library any information with regard to warnings or restriction of access to the internet is kept in a central file.

If it is not possible for the library to identify the person using the public-access computer on the specified date and time, either because the library does not require users to authenticate, or because records of use are kept for only a very short period or not at all, the library reports back to the IPAP or copyright owner that the alleged breach has been investigated but that the alleged infringement cannot be substantiated or infringer identified.

Response to IPAP or copyright owner

1. The library always responds within 14 days to a detection notice, warning notice or enforcement notice received from an IPAP, giving details of the investigations undertaken and any actions taken. Copies of correspondence are kept for one year.
2. A copy of this policy is provided on request as evidence that the library is taking all actions within its power to comply with copyright law, and to attempt to ensure that breaches of copyright by either library staff or library users within the library are minimised.