Copyright, Designs and Patents Act 1988

[F142 Copying by librarians etc : replacement copies of works E+W+S+N.I.

(1)A librarian, archivist or curator of a library, archive or museum may, without infringing copyright, make a copy of an item in that institution’s permanent collection—

(a)in order to preserve or replace that item in that collection, or

(b)where an item in the permanent collection of another library, archive or museum has been lost, destroyed or damaged, in order to replace the item in the collection of that other library, archive or museum,

provided that the conditions in subsections (2) and (3) are met.

(2)The first condition is that the item is—

(a)included in the part of the collection kept wholly or mainly for the purposes of reference on the institution’s premises,

(b)included in a part of the collection not accessible to the public, or

(c)available on loan only to other libraries, archives or museums.

(3)The second condition is that it is not reasonably practicable to purchase a copy of the item to achieve either of the purposes mentioned in subsection (1).

(4)The reference in subsection (1)(b) to a library, archive or museum is to a library, archive or museum which is not conducted for profit.

(5)Where an institution makes a charge for supplying a copy to another library, archive or museum under subsection (1)(b), the sum charged must be calculated by reference to the costs attributable to the production of the copy.

(6)In this section “item” means a work or a copy of a work.

(7)To the extent that a term of a contract purports to prevent or restrict the doing of any act which, by virtue of this section, would not infringe copyright, that term is unenforceable.]

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