Copyright, Designs and Patents Act 1988

[F16G.(1)A librarian or archivist may make and supply a single copy of the whole or part of a recording without infringing any of the rights conferred by this Chapter in the recording, provided that—U.K.

(a)the copy is supplied in response to a request from a person who has provided the librarian or archivist with a declaration in writing which includes the information set out in sub-paragraph (2), and

(b)the librarian or archivist is not aware that the declaration is false in a material particular.

(2)The information which must be included in the declaration is—

(a)the name of the person who requires the copy and the material which that person requires,

(b)a statement that the person has not previously been supplied with a copy of that material by any library or archive, and

(c)a statement that the person requires the copy for the purposes of research for a non-commercial purpose or private study, will use it only for those purposes and will not supply the copy to any other person.

(3)But the rights conferred by this Chapter are infringed if—

(a)the recording had been published or communicated to the public before the date it was deposited in the library or archive, or

(b)the rights owner has prohibited the copying of the recording,

and at the time of making the copy the librarian or archivist is, or ought to be, aware of that fact.

(4)Where a library or archive makes a charge for supplying a copy under this paragraph, the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(5)Where a person (“P”) makes a declaration under this paragraph that is false in a material particular and is supplied with a copy of a recording which would have been an illicit recording if made by P—

(a)P is liable for infringement of the rights conferred by this Chapter as if P had made the copy, and

(b)the copy supplied to P is to be treated as an illicit recording for all purposes.]

Textual Amendments