| Commentary

162 Authorisation

| Commentary

162 Authorisation

Where copyright1 subsists in the work and the lending institution does not own the copyright, it must be careful that nothing in the loan agreement can be construed as authorising an act which infringes copyright2. It should be made clear in the loan agreement that the lending institution does not own the copyright and that it is the borrowing institution’s responsibility to obtain the necessary copyright licences. This might also include any act in relation to photographs of the work3.

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