Commonwealth Consolidated Acts

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COPYRIGHT ACT 1968 - SECT 51A

Reproducing and communicating works for preservation and other purposes

             (1)  Subject to subsection (4), the copyright in a work that forms, or formed, part of the collection of a library or archives is not infringed by the making or communicating, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work:

                     (a)  if the work is held in manuscript form or is an original artistic work--for the purpose of preserving the manuscript or original artistic work, as the case may be, 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 work is held or at another library or other archives;

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

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

             (2)  The copyright in a work that is held in the collection of a library or archives is not infringed by the making, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work for administrative purposes.

             (3)  The copyright in a work that is held in the collection of a library or archives is not infringed by the communication, by or on behalf of the officer in charge of the library or archives, of a reproduction of the work made under subsection (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.

          (3A)  The copyright in an original artistic work that is held in the collection of a library or archives is not infringed in the circumstances described in subsection (3B) by the communication, by or on behalf of the officer in charge of the library or archives, of a preservation reproduction of the work by making it available online to be accessed through the use of a computer terminal:

                     (a)  that is installed within the premises of the library or archives; and

                     (b)  that cannot be used by a person accessing the work to make an electronic copy or a hardcopy of the reproduction, or to communicate the reproduction.

          (3B)  The circumstances in which the copyright in the original artistic work is not infringed because of subsection (3A) are that either:

                     (a)  the work has been lost, or has deteriorated, since the preservation reproduction of the work was made; or

                     (b)  the work has become so unstable that it cannot be displayed without risk of significant deterioration.

             (4)  Subsection (1) does not apply in relation to a work held in published form in the collection of a library or archives unless an authorized officer of the library or archives has, after reasonable investigation, made a declaration:

                     (a)  stating that he or she is satisfied that a copy (not being a second-hand copy) of the work, or of the edition in which the work is held in the collection, cannot be obtained within a reasonable time at an ordinary commercial price; and

                     (b)  if he or she is satisfied that a copy (not being a second-hand copy) of another edition of the work can be obtained within a reasonable time at an ordinary commercial price--stating why the reproduction should be made from the copy of the work held in the collection.

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.

             (5)  Where a reproduction of an unpublished work is made under subsection (1) 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 reproduction 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 work.

             (6)  In this section:

"administrative purposes " means purposes directly related to the care or control of the collection.

"officers of the library or archives " includes volunteers assisting with the care or control of the collection.

"preservation reproduction " , in relation to an artistic work, means a reproduction of the work made under subsection (1) for the purpose of preserving the work against loss or deterioration.



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