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Copying by libraries or archives for other libraries or archives

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

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—(1) The officer-in-charge of a library may request, or cause another person to request, the officer-in-charge of another library to supply the officer-in-charge of the first-mentioned library with a copy of an article, or a part of an article, contained in a periodical publication, or of the whole or a part of a published literary, dramatic or musical work other than an article contained in a periodical publication —(a)for the purpose of including the copy in the collection of the first-mentioned library, not being in substitution for a subscription to such periodical publication or work or a purchase of such work; or(b)for the purpose of supplying the copy to a person who has made a request for the copy under section 45.(2) Subject to this section, where a request is made by or on behalf of the officer-in-charge of a library to the officer-in-charge of another library under subsection (1), an authorised officer of the last-mentioned library may make, or cause to be made, the copy to which the request relates and supply the copy to the officer-in-charge of the first-mentioned library.(3) Where, under subsection (2), an authorised officer of a library makes a copy of the whole or a part of a work and supplies it to the officer-in-charge of another library in accordance with a request made under subsection (1) —(a)the copy shall, for all purposes of this Act, be deemed to have been made on behalf of an authorised officer of the other library for the purpose for which the copy was requested; and(b)an action shall not be brought against the body administering that first-mentioned library, or against any officer or employee of that library, for infringement of copyright by reason of the making or supplying of that copy.(4) Subject to this section, where a copy of the whole or a part of an article contained in a periodical publication, or of any other published literary, dramatic or musical work is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library, the copyright in the article or other work is not infringed by the making of the copy.(5) The regulations may exclude the application of subsection (4) in such cases as are specified in the regulations.(6) Where a charge is made for making and supplying a copy to which a request under subsection (1) relates, subsection (4) shall not apply in relation to the request if the amount of the charge exceeds the cost of making and supplying the copy and a reasonable contribution to the general expenses of the library.(7) Subsection (4) shall not apply to or in relation to a copy of the whole or a part of an article or other work that is, by virtue of subsection (3), to be deemed to have been made on behalf of an authorised officer of a library for a purpose referred to in subsection (1) unless, as soon as practicable after the request was made, an authorised officer of the library made a declaration that set out particulars of the request (including the purpose for which the copy was requested) and stated —(a)in a case where a copy of the whole or a part of the article or other work had previously been supplied, in accordance with a request under subsection (1), for the purpose of inclusion in the collection of the library — that the copy so supplied had been lost, destroyed or damaged, whichever was appropriate; and(b)in a case where the copy was a copy of the whole of a literary, dramatic or musical work (other than an article contained in a periodical publication) or of a part of such a work that contains more than a reasonable portion of the work — that the copy was made and supplied as part of an inter-library arrangement which does not have the effect or the purpose of enabling participating libraries to receive copies of the whole works or parts thereof, by way of systematic reproduction and supply of copies, in such aggregate quantities as substitutes for a subscription to or purchase of such works.(8) In this section, a reference to a library shall be read as a reference to a library other than a library that is conducted for the profit, direct or indirect, of an individual or individuals, and as including a reference to archives.[Aust. 1968, s. 50]

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