Operating Guidelines

1. Purpose

This policy supports the use of personal copying equipment and devices by users in all public areas of the Library, except the Keith Murdoch Gallery and provided it does not infringe federal and state legislation, and State Library of Victoria by-laws, rights, agreements and policies. It excludes copying for commercial purposes which is provided for by the Media Policy and Procedures.

2. Scope

This policy provides for the use of personal copying equipment and devices within the public areas of the Library building.

3. Responsibilities and roles

As an institution committed to the principle of providing and promoting accessible information, and in keeping with service trend enhancements being undertaken by other Australian and international heritage libraries, the State Library of Victoria supports the use of portable copying equipment and devices by users provided such use does not infringe the following:

• State Library of Victoria by-laws (that is, use which puts the preservation or integrity of collection material at risk and/or impacts upon the comfort and safety of other users and staff)
• Commonwealth Copyright Act (1968) as amended
• Information Privacy Act, Victoria (2000)
• any restrictions on special handling or usage conditions (as directed by authorised officers)
• any Intellectual Property rights of the State Library of Victoria.

3.1 Copyright and reproduction rights

Copyright is a complex legislation. While the general rule, as of 1 January 2005, is that copyright lasts for 70 years (from the creator’s death or if copyright depends on year of publication, 70 years from the end of the year of first publication), copyright requirements vary between published and unpublished items and may involve multiple copyrights.

The State Library of Victoria supports and operates within the parameters of the Copyright Act 1968 (Commonwealth). Copyright protects the expression of ideas; the Australian Act covers rights relating to original literary, dramatic, musical and artistic works, as well as sound recordings, films, sound and television broadcasts and published editions.

The legislation allows copying by individuals within certain parameters and also protects libraries from infringements made by users provided the prescribed (Section 39) notices are placed near all types of Library-provided copying equipment. 

It is the responsibility of users to obtain copyright permission from copyright owners. The Library accepts no liability for copyright infringements resulting from unauthorized copying of collection materials using personal equipment.

Reproduction of collection materials made using personal equipment for the purposes of publication, exhibition or display, video, film or television production, or for any other commercial purpose cannot be undertaken without prior permission from the Library. Fees are applicable for these purposes.

3.2 Personal equipment and devices

3.2.1 Personal Computers
Users may operate personal computers, typewriters or similar portable devices within the Library provided that the Officer in Charge or the Shift Leader on duty is satisfied that:

• the operation is inaudible and does not present an OHS hazard
• a power point is available (if necessary).

All computer or other equipment carrying bags must be presented for security inspection when leaving the Library.

3.2.2 Cameras and video equipment: Library collections
Copying of collection material using personal photographic equipment is permissible provided this is done in accordance with:

• the requirements of the Copyright Act (3.1)
• the Library’s procedures for handling and care of collection material
• any special access or usage conditions (as directed by authorised officers).

The Library reserves the absolute right to:

• withdraw permission to use personal photographic equipment within the Library at any time
• require the use of personal photographic equipment to be carried out under the direct supervision of State Library of Victoria staff. In such cases a supervision fee will be charged.

Due to copyright and privacy restrictions within the Australian Manuscripts Collection the use of personal photographic equipment is not permitted without authorisation of the collection manager.

All photographic or other equipment carrying bags must be presented for security inspection when leaving the Library.

3.2.3 Cameras and video equipment: Library spaces and buildings
Permission is not required for non-commercial or private photography within the public areas of the Library building but:

• photography of other users is not permitted
• permission from the Manager Marketing and Communications is required for photography in the Keith Murdoch Gallery
• the Manager Marketing and Communications, Media Coordinator or Venue Manager should be contacted if the photography is for commercial or public relations purposes. There may be a supervision fee and commercial use is subject to a reproduction fee.

All photographic or other equipment carrying bags must be presented for security inspection when leaving the Library.

3.3 Digital scanners

Copying of collection material using personal digital scanning equipment must meet:

• the requirements of the Copyright Act (3.1)
• the Library’s procedures for handling and care of collection materials
• any special access and usage conditions (as directed by authorised officers).

Personal digital scanners of a type that may inflict damage on collection items, such as flatbed scanners and devices that make direct contact with the item are not permitted under any circumstances.

Due to copyright and privacy restrictions within the Australian Manuscripts Collection the use of all personal scanning equipment is not permitted without authorisation of the collection manager.

3.4 Personal data storage devices

Copying to personal storage devices such as memory sticks, digital pens, mp3 (for example, iPod) players is permissible provided this does not infringe:

• the requirements of the Copyright Act (3.1)
• the Library’s procedures for handling and care of collection materials
• any special access and usage conditions (as directed by authorised officers).

Personal storage devices using public internet access networks are subject to download/bandwidth limits. These limits are reviewed annually; however, the Library reserves the right to change such limits without notice as deemed necessary.

3.5 Personal radios, CD players and other audio equipment

Users are permitted to use personal radios, cassettes, CD and mp3 players with headphones provided staff or other users are not disturbed by sound leaking from the headphones.

Users are not permitted to use Library equipment to access personal videos, compact discs and similar, due to the potential risk of damage to Library equipment.

3.6 Mobile phones

Mobile phones must be turned to silent mode in the Library's designated Quiet Rooms, which are reserved for silent work and study: the Arts Reading Room, La Trobe Reading Room, Heritage Collections Reading Room, Chess, and Journals and Magazines. Conversations on mobile phones are permitted in other Library areas, provided this does not disturb other users.

3.7  Penalties

Failure to comply with these regulations may result in a user being asked to leave the Library premises.

4. Fees and charges

Refer to the State Library of Victoria schedule of fees and charges.

5. Related Documents

• Media Policy and Procedures (January 2001)
• Information & Communication Technology Security Policy (2001)
• Australian Copyright Act 1968 (Commonwealth)
• Library Board of Victoria, By-laws
• State Library of Victoria Permissions Form
• State Library of Victoria Public Privacy Statements
• Risk Management Audit
• Australian Manuscripts Collection Guide to Access, Copying and Publication of Manuscripts
• Procedural guidelines for personal equipment and copying devices (yet to be written).

6. Procedure

6.1 Library staff will advise users if they are contravening this policy, and ask them to desist. Security staff may be asked to remove users disregarding their obligations.
6.2 The policy is to be reviewed in 6 months time and thereafter at 12-month intervals.