Commercial copying
(EU Copyright Directive)
If you would like this document in an alternative format please ask staff for
help. On request we can provide documents with a different size and style of
font on a variety of coloured paper. Electronic versions can also be supplied.
Guidelines on commercial copying after the EU Copyright Directive
What has changed?

Since 31 October 2003, copying of ‘works’ for a direct or indirect
commercial purpose, even for research or private study, is no longer
allowed without permission and/or payment of a copyright fee
Why the change?

EU legislation (Directive 2001/29/EC) passed in 2002 has been
implemented into UK law
What is ‘commercial’?

‘Commercial’ refers to those activities which are directly or indirectly
income-generating. See the list at the end of this document for
suggestions on what may be deemed commercial and non-commercial
activities
Who decides if it is commercial?

It is the responsibility of the person making the copies (not The Library) to
decide whether they are copying for a commercial purpose

It is the intention of the user at the time of making the copy that
determines the status of the copy. If the user copies the item knowing it
will be used for a commercial purpose at that time or at a future time,
copyright permission is required
This legislation applies to all self service photocopiers and to Interlibrary
Loans.
Self service copiers
Users must not copy for commercial purposes on self service photocopiers
unless:

Permission has been obtained direct from the publishers/rights holders; or

The CLA Sticker Scheme provides the means for external users to
legitimately copy for a commercial purpose. Walk-in users in The Library
Copyright © 2012 The Library
Leeds Metropolitan University
Screenshots reproduced with the permission of the software provider
may purchase a sticker at a cost of £9 (per copy). Please contact the
Copyright Clearance Service on ext 27472
Interlibrary Loans

The British Library is unable to supply photocopies for commercial
research

Users requesting an Interlibrary Loan must sign a declaration form stating
that the purpose for requesting the copy is non-commercial and private
study

A user who needs to request a photocopy from the British Library for
commercial purposes must ask staff at The Library

The British Library can supply a copyright fee paid photocopy at an
average cost of £12 per copy
What is commercial copying?
Users must ask themselves:

Will this copy be used in activities which will provide me with direct or
indirect commercial gain?

Do I know at the time of making the copy that I will be using it for
commercial activities in the future?
The following guidelines may help users to decide what is likely to be deemed
commercial or non-commercial. These are suggestions only and should not
be taken as legal advice.
Commercial:
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
Research undertaken or contracted out by a commercial company in
support of its commercial activities, even if it is a spin-off company based
at the University

Research sponsored by a commercial company which, although
undertaken at the University, is intended for use by the commercial
company

Searching for legislation and regulations on behalf of a commercial
company

Research for Government bodies for which an income is received, or
which will earn money from the Government in some future project

Market research or competitor intelligence, and any research which will
be passed on to a commercial company for commercial use

Work undertaken for a charity which is carried out in order to raise money
for that charity

Work done in drafting a book, book chapter or journal article for which the
author will be paid royalties

Work done in preparation for a conference speech for which the speaker
will be paid (above expenses)
libraryonline.leedsmet.ac.uk
Non-commercial:

Work done by students for their courses, whether full-time/part-time or on
day release from their employers

Any individual’s research or private study which is not directly or indirectly
related to any commercial venture now or in the future

Work done by lecturers for teaching purposes, unless they plan to create
commercial products such as elearning materials

Research in the University which is not related to any commercial venture

Work done by students on a taught course who receive sponsorship by a
company and who will work for them after graduation (unless they intend
that their research will be used by the company)

Work undertaken by an individual for his/her own personal professional
development

Work done in drafting a book, book chapter or journal article for which no
payment or royalties will be received

Work for preparation of a conference speech for which no payment will be
received
Further help
The Copyright Clearance Service, based in Headingley Library, contact
Rachel Thornton on 0113 812 7472, or email [email protected] for
advice and guidance
Feedback
Does this document tell you what you want to know? Please tell us what you
think by filling in a What’s Your View card available from each Library or
Library Online. Please include details of the document title.
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