A partner of your law firm needs a law journal article from the University of Melbourne law library for the purpose of some litigation. He plans to contact the library himself, but wants you to give him the following information in advance. You will need to find answers for him in the Copyright Act 1968, looking especially in the area of the Act which deals with Libraries and Archives.
- If the library were to copy the article and supply the reproduction to him could it be infringing copyright under normal copyright principles (leaving out of account any special defences)? Yes or no. 1 mark.
- Apart from the partner’s name and contact details and the name of the article he wants reproduced, what information will the partner need to give to the library? 40 words max. Give the relevant section/s or subsection/s as authority. 3 marks
- What if the partner does not tell the truth in the information which he supplies? How will his conduct be classified? 10 words max. Give legislative authority for your answer. 3 marks
- What punishment would the partner face for lying? Your answer should be as short and precise as possible. Give legislative authority for your answer. 3 marks
- The partner tells you that he had the same article copied for him by the Deakin University library last year. Will that make any difference to the legal status of this reproduction? Why? Your answer should be as short and precise as possible and should refer to a legislative provision. 3 marks
- To whom within the library can a request for a reproduction be made? Where in the Act did you find the answer to this? 3 marks
- The partner wants to know what the legal effect would be if the library charged him more than it cost to make the reproduction? In what provision/s did you find the answer to this? Answer concisely. 3 marks
- What would the legal position be if the partner were to fail to pick up the article and the library gave it to someone else instead? In what provision did you find the answer to this? Answer concisely. 3 marks
- The partner knows that one of the other articles in the journal, on a different subject, relates to an essay his son is writing for University. He therefore wants to ask for that to be copied as well. Is this a problem? Explain concisely. 3 marks
- What the partner wants is a ‘supply’ of the reproduction to him. Does this mean that the article can be emailed to him? Yes or no. What provision or provisions gave you the answer to this? 3 marks
- Assuming that an electronic reproduction of an article is made and it is then supplied to the partner, what is the wording of the notification that the partner can expect to receive either before or when the reproduction is supplied to him? Copy the form of the notification into your answer here. 3 marks
- State where this form of notification is to be found – under what part of what legislative instrument? 2 marks
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