Timothy Padfield's 2004 edition of Copyright for Archivists and Users of Archives [in the UK] has a sample chapter online about copying in libraries and archives. The publisher, Facet Publishing, says that this second edition is fully revised and updated to include changes to the UK law as a result of recent EU legislation.
Padfield observes that the law encourages archivists and others to avoid finding out the purpose of users' research. Click below for more detail on unpublished works and libraries/archives excerpted from Padfield's book.
Also, the publisher has sample chapters of related works: http://www.facetpublishing.co.uk/reading.shtml
5.3.10 Unpublished works: libraries and archives regulations
Under the 1989 Regulations (see 9.2), all archives and libraries in the UK, including those run for profit, may make and supply single copies of literary, dramatic or musical works, including any illustrations, that have been deposited in the library or archive and that were unpublished prior to deposit, without permission and without infringement of copyright, provided that:
• the copyright owner has not prohibited copying. If he or she has prohibited copying, it is an infringement to make copies if the archivist or librarian is aware, or ought to be aware (see 5.2.32), of the prohibition;
• the purchaser will use the copies only for private study or non-commercial research (see 5.2.8). If the archivist knows, or has reason to know, that the copies will be used for other purposes, including for research for a commercial purpose, it is an infringement to make them;
• the purchaser has completed a declaration form (see 5.3.15, 9.2 schedule 2 form B); and
• the purchaser pays for the copies at a level which at least covers the cost of production, including a contribution to the general expenses of the library or archive.
These provisions mean that a manuscript of a work that was published before deposit may not be copied, unless it is significantly different from the published version (see 4.1.9 and 5.3.16). A manuscript that is published after deposit, however, may be copied as long as the other conditions apply.
There is no restriction on the proportion of the work that may be copied. This exception does not cover independent artistic works, though it does cover artistic works that are illustrations to a literary, dramatic or musical work provided they are intrinsic to the understanding of the text, are copied as part of the main work and are not reproduced independently (see 5.3.18).
The limitation to non-commercial research (see 5.2.8) is a significant blow not only to users but to archivists and librarians trying to provide a public service. For librarians dealing with published works, and for librarians and archivists dealing with artistic works, there is the possibility of obtaining (or of the user obtaining) a licence to copy, either from the copyright owner or more likely from a collecting society (see 5.4.29).
For archivists dealing with unpublished literary works the solution is not so simple. The duration of copyright in unpublished works can be very long (see 2.2.17); the identification of copyright owners can be difficult or impossible; and there are no licensing bodies or schemes available.
The apparent, and unhappy, solution is for archivists to ensure that no-one in their institution knows the purpose of the user’s research, so that a declaration form may be accepted unless some other aspect of it is known to be false (see 5.3.15). This solution would not be available if the user revealed to a member of staff the purpose of his or her research, whether in conversation or on an application form for admission, because an archivist ought then to be aware that a declaration form was completed falsely. However, see also 5.3.11, 5.3.18. 1988 ss37, 43; SI 1989/1212 para 7; SI 2003/2498 reg 14(2), Sch 1 para 26; Norowzian v Arks (No 2), 2000 at 73
5.3.11 Unpublished works: older works
Under the terms of the 1956 Act, copies may be made, without infringement of copyright, of unpublished literary, dramatic or musical works, including any illustrations, that are open to public inspection (subject to the rules of the institution) in any library, museum or other institution (including an archive) in the
• the work was created before
• the author has been dead for more than 50 years;
• the work is more than 100 years old; and
• the copy is obtained for the purposes of research (including, in this case, commercial research) or private study, or with a view to publication (see 5.4.23).
Once the work has been published this exception is no longer available, but if only part of it is published, the remaining part is still eligible. This exception does not cover independent artistic works, though it does cover artistic works that are illustrations to a literary, dramatic or musical work provided they are intrinsic to the understanding of the text, are copied as part of the main work and are not reproduced independently (see 5.3.18).
It is not clear whether this exception allows the copying of a work of which the author is unknown. It seems probable that if the work is of a sufficient age that the author must have died at least 50 years earlier, that would be enough. 1956 ss7(6), 7(9)(d); 1988 Sch 1, para 16; Naomi Campbell v MGN, 2002.