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2. Library Privilege Service

2.1 The Library Privilege Service is NOT available to you if you are:

            2.1.1 registered as an individual;

            2.1.2 a non-commercial organisation based in the United States,;

            2.1.3 a library which is not publicly accessible or in an educational establishment; or

            2.1.4 an organisation that is conducted for-profit except if located in the UK and requests are made under sections 45-50 of the UK Copyright, Designs and Patents Act 1988 as amended from time to time, or any regulations made thereunder (“the Act”) in accordance with Clause 2.7.

2.2 By requesting Copies via the Library Privilege Service, you warrant that you will conform to the relevant sections of the Act.

2.3 If your organisation is eligible to receive Copies under the Library Privilege Service, and you wish to use the Library Privilege Service, you acknowledge and agree that your use of the Library Privilege Service is conditional upon fulfilling the requirements set out in Clause 2.4.

2.4 You undertake that, for each Copy requested under Sections 42A and 43 (as may be consolidated or varied by law from time to time) of the Act (supply of copies for non-commercial research or private study purposes) by a registered or walk-in user, or staff member of your organisation (“user”), you:

            (i) shall act as an agent of the British Library in distributing any Copy made by us to users. For the avoidance of doubt, this does not constitute a commercial relationship under the Commercial Agents Regulations 1993;

            (ii) acknowledge and agree that any Copy is supplied to the user c/o you, and not to your organisation;

            (iii) will obtain from such user a declaration substantially in accordance with the Act’s current regulations. (A current version of the declaration is available in English here or from Customer Services).

            (iv) shall retain any declaration obtained in accordance with clause 2.4 (iii) for a period of six years, plus the current year. You shall permit us, and/or any authorised representative of us on reasonable notice to inspect the declaration forms. We shall be permitted to conduct “spot checks” of declaration forms randomly and, if applicable, on the basis of reported suspected abuse; and

            (v) shall ensure that neither you (nor the user giving such declaration) will copy, scan, store electronically or  sell any such Copy, unless the item is under an open licence, you have a separate licence or agreement with the Rights Holder or an appropriate licensing body that specifically permits this, or further copying is allowed under statute.

2.5 You acknowledge that, if you do not comply with the requirements set out in Clause 2.4, you will be deemed to be in breach of these Special Terms and you may be liable for any costs or damages suffered by us as a consequence of such non-compliance.

2.6 To be eligible for the supply of Copies under Section 41 (Copying by librarians: supply of single copies to other libraries) and 42 (Copying by librarians: replacement copies of works) of the Act your organisation must be a library, archive, museum or gallery that is NOT conducted for profit, and you agree to accept liability for any claims of infringement of copyright, or any other intellectual property or proprietary right arising from your request.

2.7 Sections 45-50 of the Act (copies made for the purposes of public administration including, but not limited to, judicial or statutory proceedings or for the purposes of a Royal Commission or public records): you agree to accept liability for any claims of infringement of copyright, or any other intellectual property or proprietary right arising from your request for a Copy under this Clause 2.7.

2.8 The current Regulations under the Act do not permit us to supply Copies that are required for commercial purposes. This restriction applies to ALL users of the Library Privilege Service.

3. Electronic Document Delivery

3.1 Unless you have the express permission of the Rights Holder, you undertake that any Copies delivered by any electronic method (including facsimile transmission) will not be copied, processed, manipulated or retransmitted other than to enable a single copy on paper to be printed. In addition, you must ensure that all electronic versions of the Copy are deleted after successful printing unless specifically indicated otherwise on any message accompanying the Copy.

3.2 If you request a Copy for the purposes of copying, processing, manipulation or retransmission, you acknowledge that you have obtained the necessary permission from the Rights Holder, and that you agree to indemnify us against any claim, or alleged claim, of infringement from the Rights Holder in the event that such permission has not been obtained. It is your responsibility to ensure that you have the necessary permission before requesting a Copy.

4. The Loan Service

4.1 We reserve the right to refuse loan applications.

4.2 The Loan Service is offered solely to organisations and not individuals.

4.3 For details of how to return or renew items obtained through the Loan Service, please see here.

4.4 You accept that compensation may be charged by us, which may include an administration charge as well as the full cost of repairing or replacing the item, for

            4.4.1 items damaged whilst on loan to you; such damage includes the defacing of pages, removal of pages or inserts, the tearing or cutting of pages or any other form of defacement or damage to our original items in any way; and

            4.4.2 items lost from the time of receipt by you until safe return into our custody. we recommend, therefore, that you use some form of recorded delivery service for their return.

4.5 When items are used by your users it should be in accordance with your normal regulations for the use of original items unless we stipulate any special regulations, with which both you and your user must comply. These will be set out in your Order Confirmation.

4.6 If you are situated outside the United Kingdom, you must:

            4.6.1 not make any requests to us that would contravene customs regulations when we supply the item to you;

            4.6.2 use the fastest method available (airmail should be used whenever possible) and should ensure adequate packaging, clear labelling (in accordance with any customs regulations) and adequate insurance when returning the item to us.