In this section we'll explore what it means to copy lawfully as well as offer some practical guidance on the ways in which you might be able to copy materials held within the British Library's collection.
Please note that nothing contained within this guidance is intended as legal advice, nor should it be relied upon as such.
Ultimately, as the one undertaking the act of copying or, where applicable, having a copy produced on your behalf by a member of Library staff, you will be responsible for ensuing that you comply with copyright law and as such will be liable for any infringement which may occur.
You will also be responsible for complying with any other relevant legislation and or contractual terms which may apply including, but not limited to, our Reading Room Terms and Conditions as well as data protection and privacy laws.
There are several ways in which you may legally use, i.e., copy, adapt and or reproduce etc., an in-copyright work. Sometimes this can be achieved even where you do not have a license or permission from the rights holder to do so.
Permissions and Licences:
Perhaps the safest way of reusing an in-copyright work is to contact the rights holder and get permission from them. This will authorise you to carry out the activity you're planning.
When seeking permission from a rights holder, you should be as specific as you can be about your intentions.
This method provides you with the greatest peace of mind that you are acting lawfully and with the consent of the creator. It should be remembered that copyright owners are within their rights to refuse you a licence or permissions.
In cases where the rights holder is unknown or cannot be found, it may be possible to obtain an Orphan Works licence from the Intellectual Property Office following the demonstration of extensive due diligence. For more information on Orphan Works licences, please see the Intellectual Property Office’s guidance here.
Exceptions:
UK copyright legislation provides several exceptions to copyright. These provide individuals with the means to legally copy limited amounts of an in-copyright work without the need for the express permission of a rights holder, but only in certain circumstances and provided certain requirements are met.
Though there are a range of exceptions to copyright within the legislation covering a variety of different scenarios and activities, these are the most common:
For a more complete overview, the Intellectual Property Office provides a useful summary of current exceptions to copyright and the circumstances in which they may be used here.
You're advised to read through the relevant sections of the CDPA before attempting to copy a protected work under an exception. Particular attention should be paid to the requirements and restrictions you'll be expected to abide by as a condition of their use.
Remember, the British Library is unable to help you identify rights owners nor can it obtain licence(s)/permission(s) on your behalf.
In all cases, you will be responsible for any infringement of copyright which might occur.
Yes, subject to certain restrictions and limitations.
As well as making sure that any copying you undertake is compliant with copyright law, you should also be aware of how relevant privacy or data protection legislation might impact on your ability to produce copies.
Similarly, British Library policy may restrict your ability to copy something even where it would otherwise be possible under copyright and or data protection laws; for example, where the preservation needs of an item may prevent copying from taking place.
General guidelines:
Where collection items are eligible for copying, you may produce your own copies in the following ways:
Where you intend to undertake photography, the following practices should be observed:
Additionally, photography of people, or of collection items other people are using, is not permitted. Audio and or video recording is also not permitted.
Owing to licence restrictions which apply to some of our electronic resources, photography of computer screens is prohibited.
The following items may NOT be copied with photocopiers located in our reading rooms:
For further information, please consult the following video:
Please ensure that your handle our collection items with care.
Be aware that self-service copies should only be produced for non-commercial purposes and must be properly acknowledged and attributed. This remains the case even where the material is within the public domain.
If you desire to use copies you make on a commercial basis, you will need to seek the express permission of the British Library to do so in addition to clearing any rights in the material where it remains within copyright.
You are responsible for any copies that you make and will be liable for any infringement of copyright, or other applicable laws including data protection and privacy, which may occur.
For further information, please consult our self-service copyright regulations and reader services terms and conditions.
This really depends on what it is you want to copy, and the route by which you intend to copy it.
Where an item is in the public domain, you may copy as much of the content as you wish without the need for a licence or permission.
Where an item remains in copyright, but you have been granted a necessary licence or permissions to do so by the rights holder, you may copy according to the terms of any agreement struck.
Where copying takes place under an exception to copyright, the amount of a work that can be copied should be restricted to a qualitatively and or quantitatively “insubstantial part”.
Exactly what counts as an “insubstantial part” of a work is not explicitly defined in law; though good practice generally recommends that this should be no more than one chapter, or 5%, of a physical volume, but this may vary according to the type of work being copied.
In all cases, where copying is taking place under an exception to copyright, such acts will generally be subject to a test of “fair dealing”. Fair dealing is another concept that remains undefined in law but is closely linked to ideas of proportionality; with any copying undertaken expected to be no more than is necessary for the purpose. For further information, the UK Intellectual Property Office has provided a useful outline here.
It is your responsibility to assess the substantiality and proportionality of any copying you might undertake and to comply with any other terms set out in the relevant exception(s). You will be liable for any infringement in any copies made.
If you are unsure of how much you can copy, please speak to reading room staff or contact copyright@bl.uk for advice.
Yes, we can. The British Library offers several copying services to our readers depending on their needs.
Library privilege copying:
Under UK copyright legislation, our reading room staff are allowed to provide partial copies of published works in response to requests from readers. These are commonly known as “library privilege” copies.
Before any copy can be made, you must complete a statutory declaration form warranting that, where the material is still in copyright:
Library privilege copying also extends to the copying by members of staff of whole unpublished works on behalf of readers. As above, a statutory declaration will be required before any request of this nature can be actioned warranting that;
Accessibility copies:
UK copyright legislation also makes provision for readers with accessibility requirements; allowing our reading room staff to produce either whole or partial copies of collection items in an appropriate format for those with additional needs. Provision of accessible copies is conditional upon completion of a declaration form warranting that any copy provided is strictly for personal use and will not be further reproduced by the requestor. For additional details, please speak to one of our reading room staff for assistance.
British Library Imaging Services:
Readers may also order hi-resolution digitisations from our Imaging Services team. Details on how to order images this way can found at the following page. It may first be worth checking whether the item you are interested in has already been digitised. A catalogue of existing digital reproductions can be found via the Images Online portal.
For readers wishing to obtain a copy of a sound recording, please see the Can I request copies of sound recordings? section of this guide.
Document Delivery Service, British Library On Demand and EHESS/EFESS:
External organisations such as higher and further education institutions, public libraries, museums and galleries, as well as commercial and international entities, may also access our document delivery service, British Library On Demand (BLoD).
By registering to access the On Demand service you will gain the ability to order copyright fee paid copies of eligible materials to add to your own collection which may then be further copied according to the terms of your CLA license or equivalent contract. For more information see here.
Higher and Further education institutions may also register for the respective EHESS and EFESS schemes, jointly administered by the British Library in partnership with the Copyright Licensing Agency (CLA).
Through membership of these schemes, educational institutions can request both copyright fee paid copies as well as outsourced copying services for items already within your own collections. For further information, please see the following guidance page or visit the CLA website for additional details.
Readers should note that it is their responsibility to clear copyright in materials they are requesting to be digitised. Our teams may request that you provide proof that such clearance has taken place before proceeding with your order.
Readers seeking to commercially reproduce materials provided to them by the British Library, including hi-resolution copies ordered from the Imaging services team, will need to seek express permission from the Library to do so. Such permissions will be required in addition to the need to clear any rights in the work(s) where the source material remains in copyright. Permissions may be withheld by the British Library until sufficient evidence of rights clearance having taken place is provided.
You may be charged a service fee to cover the costs of any copying that is undertaken by the British Library on your behalf. For a current price list, please speak to a member of Reading Room staff or British Library Customer Services.
You are unlikely to be charged where the copy is being made for the purposes of non-commercial research and or private study. For further information, please contact our Imaging Services team.
If you are another institution or third-party organisation making use of the British Library’s document delivery service, British Library On Demand, then you will be charged a copyright fee for any copyright fee paid copies you order. Fees are set by publishing entities. An additional service fee may also apply. For more information about the British Library’s document delivery services, and copyright fees, please see the following page.
What you can do with copies you have made, or have had made for you by the Library, depends on whether you intend to use them for a commercial purpose.
Where readers have either produced copies of collection items, or have had copies provided to them by the Library in response to a valid request, British Library policy dictates that they must be used strictly for non-commercial purposes only.
This policy applies even where:
If you have copied materials from our reading rooms, or had copies provided to you by the Library, and you wish to use them commercially then you should contact our Permissions team (permissions@bl.uk) for to request the necessary reproduction permissions.
Where the material which has been copied remains within copyright, and you haven’t already done so, you will first need to clear permission to commercially reproduce the content with the relevant rights holder(s). Readers should do this before approaching the British Library with a request for corresponding reproduction permissions. The British Library will typically require evidence that such permissions have been obtained before it will consider any requests received.
Where the British Library is the rights holder, such material will be clearly marked as © British Library Board.
Where use of copied material is non-commercial, then readers are permitted to make use of such content in a manner permitted by UK law. This could be enabled by the fact that:
The British Library does not typically require readers to seek its permission to reproduce copies of collection items where the purpose is non-commercial. One possible exception will be where readers seek to reproduce content within an academic thesis which is to be uploaded to an online academic repository. In such cases they may be directed to seek permission from the British Library first.
In all cases, it is the reader’s responsibility to assess the copyright status of the works they wish to reproduce as well as to determine whether their intended use is commercial or non-commercial in nature. Readers will be liable for any infringement of copyright which they might commit.
The British Library is unable to assist with the identification of rights holders.
Yes, though it will depend on the material in question.
To work out whether you can reuse content you’ve found on the Library’s website or one of its other online spaces, please refer to the terms of use statements which accompany the material. These statements set out how the material in question has been made available as well as outline whether it can be reused and how.
It is often the case that several different items may be co-located within a single online space, each with their own terms of use ranging from Public Domain works to items marked as All Rights Reserved. Please make sure you are reviewing each item on a case-by-case basis to avoid confusion.
If you are uncertain about the terms which apply to an item you’ve found, please contact copyright@bl.uk for advice.
Please also be aware that Library’s online spaces may make use of third-party content from time to time. All copyright in such third-party content will remain owned by the respective rights holders unless stated otherwise.
Where rights to the material are owned by the British Library the item will be clearly marked as © British Library Board.
The British Library does not seek to claim new copyright in digitisations of public domain works. Any new copyright which may arise from the digitisation of an in-copyright work will remain the sole property of the original rights holder.
If you wish to reuse content you’ve found online in a manner which falls outside of the scope of the terms of use applied to it, you will need to seek the necessary permissions from the relevant rights holder(s).
If you require a hi-resolution version of a digitised image, visitors can request such a copy from the Imaging Services team in exchange for a small fee. You will first be required demonstrate that any underlying copyright in the material has been sufficiently cleared, however.
You may only use the copies that are issued to you for a non-commercial purpose. Where commercial use is the intention, you will require express permission from the British Library’s Permissions Team in addition to ensuring that you have the necessary permissions, or a licence, from the rights holder(s) where relevant.
Anyone can request a copy of a sound recording we hold, but we are only able to fulfil requests where copyright permits and where no other restrictions apply. Please note we are unable to provide copies of items held only by the BBC. Copies are provided at the discretion of the Library and restrictions other than copyright may apply.
It is your responsibility to assess whether a recording is in copyright or not, but the Library reserves the right to provide further guidance in instances where we believe an error has been made. If the sound recording(s) that you want copies of are in copyright and your use is not covered by one of the copyright exceptions outlined below, then you must provide evidence of permission from all rights holders as part of your request. For information on types and durations of copyright, please see the government guidance.
Sound recordings can have several types of copyright:
If the recording is out of copyright or covered by one of the copyright exceptions (see 'Is my request covered by a copyright exception?' below), then permissions are not required.
Here are some recommended resources to help with copyright clearance
For BBC recordings held at the British Library:
Please note the British Library holds material from several projects conducted by the BBC in partnership with the Library, where the copyright and licensing arrangements differ from those described above. These include Millennium Memory Bank, Listening Project and BBC Voices. Please contact sound-and-vision-collections@bl.libanswers.com to discuss further.
For commercial musical recordings:
Copyright clearance will take the form of a signed letter from either the rights holder or the individual/company/organisation representing them, allowing the British Library to copy the recording on your behalf.
The letter(s) must include a statement that the signatory is the owner or authorised representative of the owner of the rights as listed and that they are authorised to execute the letter of permission.
For example:
‘This is to warrant that I am the owner (or authorised representative) of the copyright contained within the materials licensed that are listed below and am fully entitled to grant permission to use the Works.’
You must provide a separate permission letter for each of the individual rights holders.
Please note the British Library is unable to involve itself directly in discussions with copyright holders.
British Library copyright
If the Library is a/the copyright holder, then please speak to the relevant curator about copyright permission.
Orphan works
Orphan works are works that are in copyright and where one or more of the rights holders is unknown or cannot be found. The government has further information here. If you believe a work is an orphan work, please provide evidence of a diligent search for the rights holder to the curator who will guide you further.
Two copyright exceptions may apply to your request. If you plan to use the sound recording(s) in a manner covered by one of these exceptions, you are not required to clear copyright with rights holders as part of your request.
Disability
If you are requesting a copy because you have a disability that prevents you coming to the library to use our Listening Service.
Library privilege
If you are requesting a copy for private study or non-commercial research. Note that certain categories of material may not be available under this scheme.
If the recording you wish to use is wholly or partially copyright © British Library Board, and if your intended use is not covered by a copyright exception, you will need to take out a licence with the British Library and pay a licensing fee, in addition to the charge for copying. You will be advised of the process for this as part of your request.
We calculate copying charges by the length of time taken to make the copy, not the duration of the recording, and include costs of all staff involved in the copying process. There is no additional charge for materials. On receipt of a request, we will contact you with the copying charges that will result from your order. All charges are payable by bank card or BACS. VAT is charged additionally to all customers within the UK and the European Union.
Requests should be made under one of the following four categories:
Non-commercial use
Requests made for non-commercial use.
Contributor and family
Requests made for non-commercial use where the requestor is a) a contributor to the recording or recorded work or b) family of a contributor to the recording or recorded work. Please note that exceptions may apply to requests from oral history interviewees and their immediate family.
Educational use
Requests for educational use, made from a recognised institutional email address.
Commercial use
Requests made for commercial use (e.g. publication or broadcast).
As a guide, the following charges apply to each category:
| Request category | Rates per operator hour |
|---|---|
| Non-commercial use | £80 (£40 minimum) |
| Contributor and family (NB. exceptions can apply for oral history interviewees) |
£40 (£20 minimum) |
| Educational use | £40 (£20 minimum) |
| Commercial use | £180 (£90 minimum) |
Requests for previously digitised and/or born digital material are ordinarily charged at the minimum rate.
Note that requests made under the Disability exception will incur no cost.
All requests should be made by email to sound-and-vision-collections@bl.libanswers.com, Please attach a completed Sound Copy Application Form, and any supporting documents, e.g. an Accessible Copy Declaration, Library Privilege Declaration or evidence of copyright clearance.
The relevant curator for the collection will then assess your request and may be in touch with any questions they have. If your request is approved, it will be passed to our digitisation team, who will provide the copies to you and arrange payment.
Note that copies are provided at the discretion of the Library and restrictions other than copyright may apply.
Please download and complete a Sound Copy Application Form, including as much information as you can. Where possible, this should include:
If you are making your request under one or both of the stated copyright exceptions (i.e. Disability access or Library privilege).
If you need assistance with filling out the form, please email sound-and-vision-collections@bl.libanswers.com and the curator for the collection will be happy to help.
For requests of more than 10 items, please enquire by email at sound-and-vision-collections@bl.libanswers.com.
Delivery time is subject to condition of the items and receipt of all necessary copyright permissions.
SoundCopy Request Form (click to download)
Accessible Copy Declaration (click to download)
Library Privilege Published Declaration (click to download)
Library Privilege Unpublished Declaration (click to download)
Sound Licence Enquiry form (click to download)