New Zealand Acts

COPYRIGHT ACT 1994 - SECT 56

56 Copying by librarians or archivists of certain unpublished works

1 The librarian of a prescribed library or the archivist of an archive may, if the conditions contained in subsection (3) are complied with, copy for supply to any person a copy of an unpublished work in the library or archive, without infringing copyright in that work.

2 This section does not apply if the copyright owner has prohibited copying of the work and at the time the copy is made the librarian or archivist making it is, or ought to be, aware of that fact.

3 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 work; 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 or archive.

4 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.

5 The provisions of this section do not apply to the sound archive maintained by Radio New Zealand Limited, the film archive maintained by Television New Zealand Limited, or the film archive maintained by the New Zealand Film Archive Incorporated.

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

Note: 1962 No 33 s 21(3) ; Copyright, Designs and Patents Act 1988 s 43 (UK)

History: Section 56(6): added, on 31 October 2008, by section 36 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).