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Copyright, Designs and Patents Act 1988

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This is the original version (as it was originally enacted).

37Libraries and archives: introductory

(1)In sections 38 to 43 (copying by librarians and archivists)—

(a)references in any provision to a prescribed library or archive are to a library or archive of a description prescribed for the purposes of that provision by regulations made by the Secretary of State; and

(b)references in any provision to the prescribed conditions are to the conditions so prescribed.

(2)The regulations may provide that, where a librarian or archivist is required to be satisfied as to any matter before making or supplying a copy of a work—

(a)he may rely on a signed declaration as to that matter by the person requesting the copy, unless he is aware that it is false in a material particular, and

(b)in such cases as may be prescribed, he shall not make or supply a copy in the absence of a signed declaration in such form as may be prescribed.

(3)Where a person requesting a copy makes a declaration which is false in a material particular and is supplied with a copy which would have been an infringing copy if made by him—

(a)he is liable for infringement of copyright as if he had made the copy himself, and

(b)the copy shall be treated as an infringing copy.

(4)The regulations may make different provision for different descriptions of libraries or archives and for different purposes.

(5)Regulations shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6)References in this section, and in sections 38 to 43, to the librarian or archivist include a person acting on his behalf.

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