COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980

Commonwealth Numbered Acts

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COPYRIGHT AMENDMENT ACT 1980 No. 154 of 1980 - SECT 10

10. Sections 49 and 50 of the Principal Act are repealed and the following sections substituted: Copying by libraries and archives for users "49. (1) A person may furnish to the officer in charge of a library (not being a library that is conducted for the profit, direct or indirect, of an individual or individuals) or the officer in charge of archives- (a) a request in writing to be supplied with a copy of an article, or a part of an article, contained in a periodical publication or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication; and (b) a declaration signed by him stating- (i) that he requires the copy for the purpose of research or study and will not use it for any other purpose or, if he is a member of a Parliament and the copy is being requested from the person in charge of a library the principal purpose of which is to provide library services for members of that Parliament, that he requires the copy for the performance of his duties as such a member and will not use it for any other purpose; and (ii) that he has not previously been supplied with a copy of the same article or other work, or the same part of the article or other work, as the case may be, by an authorized officer of the library or archives. "(2) Subject to this section, where a request and declaration referred to in sub-section (1) are furnished to the officer in charge of a library or archives, an authorized officer of the library or archives may, unless the declaration contains a statement that to his knowledge is untrue in a material particular, make, or cause to be made, the copy to which the request relates and supply the copy to the person who made the request. "(3) Where a charge is made for making and supplying a copy to which a request under sub-section (1) relates, sub-section (2) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy. "(4) Sub-section (2) does not apply in relation to a request for a copy of, or parts of, 2 or more articles contained in the same periodical publication unless the articles relate to the same subject matter. "(5) Sub-section (2) does not apply to a request for a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication), or to a copy of a part of such a work that contains more than a reasonable portion of the work unless- (a) the work forms part of the library or archives collection; and (b) before the copy is made, an authorized officer has, after reasonable investigation, made a declaration stating that he is satisfied that a copy (not being a second-hand copy) of the work cannot be obtained within a reasonable time at an ordinary commercial price. "(6) The copyright in an article contained in a periodical publication is not infringed by the making, in relation to a request under sub-section (1), of a copy of the article, or of a part of the article, in accordance with sub-section (2) unless the copy is supplied to a person other than the person who made the request. "(7) The copyright in a published literary, dramatic or musical work other than an article contained in a periodical publication is not infringed by the making, in relation to a request under sub-section (1), of a copy of the work, or of a part of the work, in accordance with sub-section (2) unless the copy is supplied to a person other than the person who made the request. "(8) The regulations may exclude the application of sub-section (6) or (7) in such cases as are specified in the regulations. Copying by libraries or archives for other libraries or archives "50. (1) The officer in charge of a library may request, or cause another person to request, the officer in charge of another library to supply the officer in charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication- (a) for the purpose of including the copy in the collection of the first- mentioned library; or (b) for the purpose of supplying the copy to a person who has made a request for the copy under section 49. "(2) Subject to this section, where a request is made by or on behalf of the officer in charge of a library to the officer in charge of another library under sub-section (1), an authorized officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer in charge of the first-mentioned library. "(3) Where, under sub-section (2), an authorized officer of a library makes a copy of the whole or a part of a work and supplies it to the officer in charge of another library in accordance with a request made under sub-section (1)- (a) the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorized officer of the other library for the purpose for which the copy was requested; and (b) an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy. "(4) Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published literary, dramatic or musical work, is, by virtue of sub-section (3), to be deemed to have been made on behalf of an authorized officer of a library, the copyright in the article or other work is not infringed by the making of the copy. "(5) The regulations may exclude the application of sub-section (4) in such cases as are specified in the regulations. "(6) Where a charge is made for making and supplying a copy to which a request under sub-section (1) relates, sub-section (4) does not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy. "(7) Sub-section (4) does not apply to or in relation to a copy of the whole or a part of an article or other work that is, by virtue of sub-section (3), to be deemed to have been made on behalf of an authorized officer of a library for a purpose referred to in sub-section (1) unless, as soon as practicable after the request was made, an authorized officer of the library made a declaration that set out particulars of the request (including the purpose for which the copy was requested) and stated- (a) in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under sub-section (1), for the purpose of inclusion in the collection of the library-that the copy so supplied had been lost, destroyed or damaged, whichever was appropriate; and (b) in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that contains more than a reasonable portion of the work-that, after reasonable investigation, he was satisfied that a copy (not being a second-hand copy) of the work could not be obtained within a reasonable time at an ordinary commercial price. "(8) Sub-section (4) does not apply to a copy of, or of parts of, 2 or more articles that are contained in the same periodical publication and that have been requested for the same purpose unless the articles relate to the same subject matter. "(9) In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect of an individual or individuals, and as including a reference to archives.".

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