New Zealand Acts

COPYRIGHT ACT 1994 - SECT 51

51 Copying by librarians of parts of published works

1 The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make from a published edition (other than a published edition that is an article in a periodical), for supply to any person, a copy of a reasonable proportion of any literary, dramatic, or musical work, and may include in the copy any artistic work that appears within the proportion copied, without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

2 The conditions referred to in subsection (1) are—

a) that no person is supplied on the same occasion with more than 1 copy of the same material; and

b) that, where any person to whom a copy is supplied is required to pay for the copy, the payment required is no higher than a sum consisting of the total of the cost of production of the copy and a reasonable contribution to the general expenses of the library.

3 Where any person is supplied with, or otherwise comes into possession of, a copy made in accordance with this section, that person may use the copy only for the purposes of research or private study.

4 This section does not apply to a literary work that is a computer program.

5 In this section,
"copy" includes a digital copy, but in that case section 56B applies as well.

Note: 1962 No 33 s 21(1) ; Copyright, Designs and Patents Act 1988 s 39 (UK)

History: Section 51(5): added, on 31 October 2008, by section 31 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).