The CLA’s new Law Licence is also available to barristers’ chambers. The Licence ensures that copies made within chambers, in accordance with the terms of the Licence, from law reports, law journals and other professional publications do not infringe copyright.
The Copyright, Designs and Patents Act 1998 contains a number of exceptions from copyright protection which permit copying in certain specified circumstances. The exception of most relevance to barristers is copying for the purposes of parliamentary or judicial proceedings. Thus, the copying of material for use in existing proceedings in court or in a tribunal before which members of the Bar are likely to appear is permitted. Furthermore, the Act confirms that copyright is not infringed by reporting judicial proceedings, but the copying of a work which is itself a published report of the proceedings is not authorised. Copying of any published work including law reports not for use in court or in a tribunal would generally require permission. This would include distributing material within chambers or to clients or instructing solicitors.
The CLA Law Licence is designed to meet the current needs of law firms and barristers’ chambers in respect of copying from published media. The Licence enables chambers to:
- Photocopy and scan from millions of relevant books, journals and law reports
- Send single copies to clients or other advisers or consultants on a case related basis
- Store electronic copies centrally for access by staff and clients on a case related basis
CLA recognises the unusual status that barristers’ chambers have from other legal practices in that their tenants are self-employed. Information provided by the copying surveys that CLA has undertaken with licensed chambers has shown that copies made within barristers’ chambers are most likely made by, or on behalf of, their tenants. Consequently, to ensure barristers of chambers, as well as the chambers’ employees, are covered by the Licence, they should be declared as professional employees on the Licence Application.
For further information, please contact our law specialist on 020 7400 3148 or e-mail paul.maillardet@cla.co.uk.
