Commercial Availability Test (also known as the Flexible Dealing Test)

 

Applying the commercial availability test means that, after reasonable investigation, the person is satisfied that a copy, not being a second hand copy, is not available within a reasonable time and at an ordinary commercial price.
 
  • 'Reasonable time' is interpreted as two weeks for periodicals and six months for text books. An interpretation for other types of work is not available, and reasonable may need to be considered in the context of intended use.
  • 'Ordinary commercial price' would mean the recommended retail price or the price generally available to the University through it's normal suppliers. Note that if an item is available in electronic form but not hard copy form, it is deemed to be available and you may copy a reasonable portion only.
  • 'Reasonable investigation' would mean that the institution uses it's usual practices of obtaining and identifying resources.
     
This information needs to be recorded and submitted to copyright@nd.edu.au for addition to the S200AB folder for record keeping purposes (See N:\Administration\Library\Office Data\Governance\Copyright\S200ab Pandemic Provisions).

All items will then need to have a S200AB Warning Notice added to them before sending on to the requestor or adding to Course Reserves.

Links & Files

FAQ Actions