Fairness factors (a) and (b) would probably One apply. Initial publisher purpose of the during this magazine was Not period a – non-profit. applicable - government Government The Library agency publications would can be assumed proceed to have a public Publisher based on – Magazine estimated good purpose. contactable. risk published by over 1000, Digitisation Australian but most Overseas would facilitate Unlikely to (in which 1947 to 1986 appear to Trading research or permission need to government have been study. contact from the under various writing as publisher agency names government Fairness factor . would be a employees (c): not key factor), and thus applicable. and support would have from the relinquished Fairness Factor Fair Use their (d): Intention of provisions copyright to publisher and their creators employer appears to have been Proposal 11-4: The National Library welcomes the proposal (11-4) for a new exception to permit libraries and archives to make preservation copies without a limit on the format and number of such copies. This will allow the National Library to meet the preservation aspects of its obligation under the National Library Act 1960 to maintain a national collection of library material. The National Library has a suggestion on wording if the Proposal 11-4 is enacted. The proposal states that the exception should not limit the The Library interprets this ‘... format’. to mean that there should be no limit on any subsequent re-formatting or migration that may be necessary for a preservation purpose, as well as no limit on the format of the first preservation copy made of a work. The Library suggests that the preservation exception in its final, enacted, form should retain this broad wording, to ensure that it supports any reformatting (for instance from PDF format to a format which may replace PDF in the future) that is required to ensure that preservation copies remain fit for purpose.
Overseas Trading Magazine published by Australian government under various agency names 1947 to 1986 One publisher during this period – a government agency estimated over 1000, but most appear to have been writing as government employees and thus would have relinquished their copyright to their employer Fairness factors (a) and (b) would probably apply. Initial purpose of the magazine was non-profit. Government publications can be assumed to have a public good purpose. Digitisation would facilitate research or study. Fairness factor (c): not applicable. Fairness Factor (d): Intention of publisher and creators appears to have been Publisher – contactable. Unlikely to need to contact Not applicable - The Library would proceed based on risk (in which permission from the publisher would be a key factor), and support from the Fair Use provisions Proposal 11-4: The National Library welcomes the proposal (11-4) for a new exception to permit libraries and archives to make preservation copies without a limit on the format and number of such copies. This will allow the National Library to meet the preservation aspects of its obligation under the National Library Act 1960 to maintain a national collection of library material. The National Library has a suggestion on wording if the Proposal 11-4 is enacted. The proposal states that the ‘... exception should not limit the format’. The Library interprets this to mean that there should be no limit on any subsequent re-formatting or migration that may be necessary for a preservation purpose, as well as no limit on the format of the first preservation copy made of a work. The Library suggests that the preservation exception in its final, enacted, form should retain this broad wording, to ensure that it supports any reformatting (for instance from PDF format to a format which may replace PDF in the future) that is required to ensure that preservation copies remain fit for purpose. .
704._org__national_library_of_australia.docx