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Information-rich content is crucial to the legal sector, shaping court proceedings, research, PR and training. Barristers will be familiar with the vast amount of content used to progress legal matters and chambers management. But are your copying actions compliant?
In a 2024 survey conducted by Savanta, on behalf of the Copyright Licensing Agency (CLA), only 19% of respondents from the legal sector felt ‘extremely confident’ in their understanding of copyright best practices to reduce the risk of infringement. In fact, 82% admitted that infringing copyright is a risk for their organisation.
Matthew Bland, Research Librarian at Lincoln’s Inn, spoke with CLA about content use and copyright within the sector: ‘Lincoln’s Inn Library provides access to a collection of almost 200,000 legal works, in print and online, as well as comprehensive legal research training and an enquiry service available to barristers, students and clerks of the four Inns of Court. A significant element of this service is the provision of an online document supply service, including the provision of materials supplied for commercial research, in co-operation with CLA.
‘The library plays a key role in the copying and supply of legal documents, for ‘court bundles’ – to be presented in court for judicial proceedings, the most common cause of content reuse and copying in our library. Fortunately, copies of any written matter made for this purpose are exempt from the usual copyright prohibitions by s. 45(1) of the Copyright, Designs and Patents Act 1988.
‘Occasionally, barristers might also wish to copy material for academic or professional papers on various subjects. Sometimes, but not always, this is covered by the statutory exemption for ‘non-commercial research.’
There are copying scenarios that do not align with this example, however, and require appropriate permissions to ensure compliance. Matthew explains: ‘In addition to their work in court, barristers frequently need to perform in-depth research for both written and legal advice. As this is part of their professional work it constitutes commercial research and is not covered by the statutory exemptions.’
Matthew highlights a common confusion between non-commercial research or private study as a category for copyright usage, and the boundaries between this and commercial use: ‘It can sometimes be difficult to clarify whether the purpose of a piece of research is “commercial”. For example, academic articles are rarely a source of income, but they are often a tool for raising the profile of an academic or lawyer in their profession and thus advancing their career and, therefore, income. This would constitute commercial research. Equally, the provision of legal advice may not always be commercial in nature – for example, some pro bono work, for which exemptions would apply.’
Relying on copyright exceptions for judicial proceedings isn’t always the safest route to compliance and risk mitigation. 56% of survey respondents from the legal sector use content to support training and development, and 53% to stay in touch with the industry. Content reused for staff training and comms is likely to require copyright permissions. Only 65% admitted to knowing where to find permissions, posing a risk for legal professionals and chambers staff.
‘It is inevitably the case that a member of the library staff will be more familiar with the detail of copyright restrictions than library users,’ Matthew admits. ‘This is usually not an issue given the exemption for judicial proceedings, but where the purpose of research being conducted by a clerk on behalf of a barrister is not clear, it can become a problem.’
Whether hard copy or digital, the appropriate copyright permissions should be sought, either directly from publishers or via a blanket copyright licence like the CLA Law Licence. Created in consultation with the Law Society of England & Wales and the City of London Law Society, it covers millions of titles under one licence.
CLA recognises that barristers’ chambers have self-employed tenants. For the purposes of a CLA Law Licence, all tenants and professionals are treated as employees. One licence allows for the coverage of the entire chambers, offering a cost-effective solution for copyright compliance.
On the CLA Licence, Matthew adds, ‘The main benefits to holding a CLA Licence are clear and unambiguous legal compliance, quality guidance from CLA, and the ability to have a transparent approach to the opportunities and limitations of our document supply service.’
For further information on the Law Licence, head to the CLA website.
The Copyright Licensing Agency is recognised by the UK government as the collective management organisation for published material. As a not-for-profit company, we distribute our revenues back into the creative industries helping to ensure rights holders are fairly remunerated when their works are used. We exist to support knowledge sharing, protect your company, and champion the creative ecosystem.
Information-rich content is crucial to the legal sector, shaping court proceedings, research, PR and training. Barristers will be familiar with the vast amount of content used to progress legal matters and chambers management. But are your copying actions compliant?
In a 2024 survey conducted by Savanta, on behalf of the Copyright Licensing Agency (CLA), only 19% of respondents from the legal sector felt ‘extremely confident’ in their understanding of copyright best practices to reduce the risk of infringement. In fact, 82% admitted that infringing copyright is a risk for their organisation.
Matthew Bland, Research Librarian at Lincoln’s Inn, spoke with CLA about content use and copyright within the sector: ‘Lincoln’s Inn Library provides access to a collection of almost 200,000 legal works, in print and online, as well as comprehensive legal research training and an enquiry service available to barristers, students and clerks of the four Inns of Court. A significant element of this service is the provision of an online document supply service, including the provision of materials supplied for commercial research, in co-operation with CLA.
‘The library plays a key role in the copying and supply of legal documents, for ‘court bundles’ – to be presented in court for judicial proceedings, the most common cause of content reuse and copying in our library. Fortunately, copies of any written matter made for this purpose are exempt from the usual copyright prohibitions by s. 45(1) of the Copyright, Designs and Patents Act 1988.
‘Occasionally, barristers might also wish to copy material for academic or professional papers on various subjects. Sometimes, but not always, this is covered by the statutory exemption for ‘non-commercial research.’
There are copying scenarios that do not align with this example, however, and require appropriate permissions to ensure compliance. Matthew explains: ‘In addition to their work in court, barristers frequently need to perform in-depth research for both written and legal advice. As this is part of their professional work it constitutes commercial research and is not covered by the statutory exemptions.’
Matthew highlights a common confusion between non-commercial research or private study as a category for copyright usage, and the boundaries between this and commercial use: ‘It can sometimes be difficult to clarify whether the purpose of a piece of research is “commercial”. For example, academic articles are rarely a source of income, but they are often a tool for raising the profile of an academic or lawyer in their profession and thus advancing their career and, therefore, income. This would constitute commercial research. Equally, the provision of legal advice may not always be commercial in nature – for example, some pro bono work, for which exemptions would apply.’
Relying on copyright exceptions for judicial proceedings isn’t always the safest route to compliance and risk mitigation. 56% of survey respondents from the legal sector use content to support training and development, and 53% to stay in touch with the industry. Content reused for staff training and comms is likely to require copyright permissions. Only 65% admitted to knowing where to find permissions, posing a risk for legal professionals and chambers staff.
‘It is inevitably the case that a member of the library staff will be more familiar with the detail of copyright restrictions than library users,’ Matthew admits. ‘This is usually not an issue given the exemption for judicial proceedings, but where the purpose of research being conducted by a clerk on behalf of a barrister is not clear, it can become a problem.’
Whether hard copy or digital, the appropriate copyright permissions should be sought, either directly from publishers or via a blanket copyright licence like the CLA Law Licence. Created in consultation with the Law Society of England & Wales and the City of London Law Society, it covers millions of titles under one licence.
CLA recognises that barristers’ chambers have self-employed tenants. For the purposes of a CLA Law Licence, all tenants and professionals are treated as employees. One licence allows for the coverage of the entire chambers, offering a cost-effective solution for copyright compliance.
On the CLA Licence, Matthew adds, ‘The main benefits to holding a CLA Licence are clear and unambiguous legal compliance, quality guidance from CLA, and the ability to have a transparent approach to the opportunities and limitations of our document supply service.’
For further information on the Law Licence, head to the CLA website.
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