Copyright Act 1994

54 Copying by librarians for collections of other libraries

• (1) The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make a copy of a literary, dramatic, or musical work and any artistic work included in the work, where the copy is—

  • (a) from a published edition that is a book; and

  • (b) for supply to the librarian of another prescribed library,—

  without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

  (2) The conditions referred to in subsection (1) are that the librarian to whom the copy of the work is supplied—

  • (a) has been unable to obtain the work at an ordinary commercial price within the 6 months preceding the supply; and

  • (b) makes and keeps a record sufficient to identify the work copied; and

  • (c) permits the inspection of the record by the copyright owner during normal office hours; and

  • (d) pays, on demand, equitable remuneration to the copyright owner for the work copied.

  (3) In subsection (2)(d), the term equitable remuneration means a sum agreed by the librarian and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168.

  (4) This section does not apply to a literary work that is a computer program.

  (5) In this section, copy includes a digital copy, but in that case section 56C applies as well.

  Compare: 1962 No 3 s 21(2); Copyright, Designs and Patents Act 1988 s 41 (UK)

  Section 54(5): added, on 31 October 2008, by section 34 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).