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The Copyright (Librarians and Archivists) (Copying of Copyright Material) Regulations 1989

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Copying by librarian or archivist for the purposes of replacing items in a permanent collection

6.—(1) For the purposes of section 42 of the Act the conditions specified in paragraph (2) of this regulation are prescribed as the conditions which must be complied with before the librarian or, as the case may be, the archivist makes a copy from any item in the permanent collection of the library or archive in order to preserve or replace that item in the permanent collection of that library or archive or in the permanent collection of another prescribed library or archive.

(2) The prescribed conditions are –

(a)that the item in question is an item in the part of the permanent collection maintained by the library or archive wholly or mainly for the purposes of reference on the premises of the library or archive, or is an item in the permanent collection of the library or archive which is available on loan only to other libraries or archives;

(b)that it is not reasonably practicable for the librarian or archivist to purchase a copy of that item to fulfil the purpose under section 42(1)(a) or (b) of the Act;

(c)that the other prescribed library or archive furnishes a written statement to the effect that the item has been lost, destroyed or damaged and that it is not reasonably practicable for it to purchase a copy of that item, and that if a copy is supplied it will only be used to fulfil the purpose under section 42(1)(b) of the Act; and

(d)that the other prescribed library or archive shall be required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library or archive) attributable to its production.

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