DEVELOPING GUIDELINES FOR SOUTH AFRICAN MUSIC LIBRARIANS
Music librarians must have knowledge of the copyright laws which govern the transferring of music from the old analogue form to the new digital formats. These laws were a particular concern of the South African Music Archive Project (SAMAP) which aimed to create an online resource for indigenous South African music particularly that of musicians suppressed during the apartheid years. Polak’s (2009) study was an offshoot of SAMAP. This article draws on her study and identifies the specific problems encountered by music librarians with regard to digital copyright law pertaining to music. The guiding theoretical framework is based on the Berne Convention (2014) and the World Intellectual Property Organization (WIPO) Copyright Treaty (1996) which provide the overarching international framework for guiding copyright. The literature review focuses on the international and national legislation; copyright in original recordings; duration of copyright; fair use, the public domain and information commons; copyright and fair dealing; and the South African Copyright Act (No. 98 of 1978). A survey conducted by e-mail identified problem areas experienced by the music librarians regarding the digital music copyright laws in South Africa. Two sets of guidelines for South African music librarians were formulated using their responses and the literature reviewed, and recommendations are made.
Intellectual property, the internet and the libraries
The technological convergence of the means of mass communication has produced a new situation regarding intellectual property, particularly in connection with the internet. This paper gives an overview of the situation. Increasingly, information professionals find themselves in the battlefield between copyright holders and users. Two central EU Directives on copyright are analysed, especially regarding the consequences for libraries open to the public.
Copyright in further and higher education libraries
This revised edition covers copyright issues in further and higher education libraries. It is an amalgamation of two previous LA guides, "Copyright in Polytechnic and University Libraries", and "Copyright in School and College Libraries". The "LA Copyright Guides" comprise six sectoral guides interpreting the main provisions of the 1988 Copyright Act affecting libraries and information units. These guidleines have been compiled by The Library Association's copyright experts, and have been fully revised to include details of European and government copyright legislation of: term of protection (duration); computer software; lending and rental; and protection of databases. The copyright implications of using audiovisual material and works in electronic form (eg CD-ROM, Internet material) are covered in each of the guides. Special advice is given on how to stay legal and there is a completely new section on relevant case law. Each guide introduces the reader to the basics of copyright, clarifying the complexities of copyright restrictions, and how to work within the exceptions, such as copying under library regulations and fair dealing. The miscellaneous advice section in each guide contains revised and updated guidance to help librarians cope with the full range of copyright issues facing them. Appendices include lists of useful addresses and further reading, as well as a sample declaration form.