New Zealand Acts

COPYRIGHT ACT 1994 - SECT 55

55 Copying by librarians or archivists to replace copies of works

1 The librarian of a prescribed library or the archivist of an archive may make a copy (other than a digital copy) of any item in the collection of the library or archive for the purposes of—

a) preserving or replacing that item by placing the copy in the collection of the library or archive in addition to or in place of the item; or

b) replacing in the collection of another prescribed library or archive an item that has been lost, destroyed, or damaged,—

without infringing copyright in any work included in the item.

2 Subsection (1) applies only where it is not reasonably practicable to purchase a copy of the item in question to fulfil the purpose.

3 The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the
"original item" ) in the collection of the library or archive without infringing copyright in any work included in the item if—

a) the original item is at risk of loss, damage, or destruction; and

b) the digital copy replaces the original item; and

c) the original item is not accessible by members of the public after replacement by the digital copy except for purposes of research the nature of which requires or may benefit from access to the original item; and

d) it is not reasonably practicable to purchase a copy of the original item.

4 The librarian of a prescribed library or the archivist of an archive may make a digital copy of any item (the
"original item" ) in the collection of the library or archive without infringing copyright in any work included in the item if—

a) the digital copy is used to replace an item in the collection of another prescribed library or archive that has been lost, damaged, or destroyed; and

b) it is not reasonably practicable to purchase a copy of the original item.

Note: Copyright, Designs and Patents Act 1988 s 42 (UK)

History: Section 55(1): amended, on 31 October 2008, by section 35(1) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).   Section 55(3): added, on 31 October 2008, by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).     Section 55(4): added, on 31 October 2008, by section 35(2) of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).