Commonwealth Consolidated Acts

COPYRIGHT ACT 1968 - SECT 110B

             (1)  Subject to subsection (3), where a copy of a sound recording, being a sound recording that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:

                     (a)  if the sound recording is held in the collection in the form of a first record--for the purpose of preserving the record against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the record is held or at another library or archives;

                     (b)  if the sound recording is held in the collection in a published form but has been damaged or has deteriorated--for the purpose of replacing the sound recording; or

                     (c)  if the sound recording has been held in the collection in a published form but has been lost or stolen--for the purpose of replacing the sound recording;

the making of the copy does not infringe copyright in the sound recording or in any work or other subject‑matter included in the sound recording.

             (2)  Subject to subsection (3), where a copy of a cinematograph film, being a cinematograph film that forms, or formed, part of the collection of a library or archives, is made by or on behalf of the officer in charge of the library or archives:

                     (a)  if the cinematograph film is held in the collection in the form of a first copy--for the purpose of preserving the copy against loss or deterioration or for the purpose of research that is being, or is to be, carried out at the library or archives in which the copy is held or at another library or archives;

                     (b)  if the cinematograph film is held in the collection in a published form but has been damaged or has
deteriorated--for the purpose of replacing the cinematograph film; or

                     (c)  if the cinematograph film has been held in the collection in a published form but has been lost or stolen--for the purpose of replacing the cinematograph film;

the making of the copy does not infringe copyright in the cinematograph film or in any work or other subject‑matter included in the cinematograph film.

          (2A)  The copyright in a sound recording or cinematograph film that forms, or formed, part of the collection of a library or archives, or in any work or other subject‑matter included in such a sound recording or film, is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a copy of the sound recording or film made under subsection (1) or (2) to officers of the library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the library or archives with the approval of the body administering the library or archives.

          (2B)  If:

                     (a)  a copy of a sound recording or a cinematograph film is made by or on behalf of the officer in charge of a library or archives under this section; and

                     (b)  the copy is made for the purpose of research that is being, or is to be, carried out at another library or archives;

the copyright in the sound recording or film, or in any work or other subject‑matter included in it, is not infringed by the communication, by or on behalf of the officer in charge, of the copy to the other library or archives by making it available online to be accessed through the use of a computer terminal installed within the premises of the other library or archives with the approval of the body administering the other library or archives.

             (3)  Subsection (1) does not apply in relation to a sound recording, and subsection (2) does not apply in relation to a cinematograph film, held in a published form in the collection of a library or archives unless an authorised officer of the library or archives has, after reasonable investigation, made a declaration stating that he or she is satisfied that a copy (not being a second‑hand copy) of the sound recording or cinematograph film, as the case may be, cannot be obtained within a reasonable time at an ordinary commercial price.

Note:          Under section 203F, it is an offence to make a false or misleading declaration for the purposes of this section. Sections 203A, 203D and 203G create offences relating to the keeping of declarations made for the purposes of this section.

             (4)  Where a copy of an unpublished sound recording or an unpublished cinematograph film is made under subsection (1) or (2) by or on behalf of the officer in charge of a library or archives for the purpose of research that is being, or is to be, carried out at another library or archives, the supply or communication of the copy by or on behalf of the officer to the other library or archives does not, for any purpose of this Act, constitute the publication of the sound recording or cinematograph film or of any work or other subject‑matter included in the sound recording or cinematograph film.