Frequently Asked Questions - Copy Shops

1. What are my responsibilities with regard to copyright compliance when copying for clients?

It is important that when copying copyright material for clients, you do not create infringing copies. It is an infringement to provide the means for making an infringing copy of a work where you have reason to believe that the copy or copies made would be infringing copies.

2. How do I ensure that my clients are authorised to copy from copyright works before providing the copying service?

Always check to see if your client is the creator of the work before you copy it. If they are not the creator of the work, make sure they have the necessary authorisation to copy the work. You might wish to get your client to sign a form confirming that they have the authorisation to copy the work, indemnifying you against an action for infringement.

Although an individual may own the physical work itself (eg the book, magazine or artistic work), they do not usually own the literary or artistic works contained within that physical work unless they are the creator of the work – the publisher, author or artist. Where they are not the creator of the work, they only have the right to make a single copy of an insubstantial portion of the work for research or private study. This might mean 10% or one chapter from a book or one or two articles from a magazine. They do not have the right to copy whole works that are available for purchase or to copy copyright works for commercial gain.

3. If we inadvertently make infringing copies for a client, are we liable?

Any person who authorises the making of copies of a work in breach of copyright may be liable for copyright infringement. Liability for infringement of copyright is not necessarily limited to the person making the copies. Employers may be liable for the infringing acts of their employees.