New Zealand Acts

COPYRIGHT ACT 1994 - SECT 56A

56A Library or archive may communicate digital copy to authenticated users

1 The librarian of a prescribed library or the archivist of an archive does not infringe copyright in a work by communicating a digital copy of the work to an authenticated user if the following conditions are met:

a) the librarian or archivist has obtained the digital copy lawfully; and

b) the librarian or archivist ensures that each user is informed in writing about the limits of copying and communication allowed by this Act, including that a digital copy of a work may only be copied or communicated by the user in accordance with the provisions of this Act; and

c) the digital copy is communicated to the user in a form that cannot be altered or modified; and

d) the number of users who access the digital copy at any one time is not more than the aggregate number of digital copies of the work that—

i) the library or the archive has purchased; or

ii) for which it is licensed.

2 In subsection (1),
"authenticated user" means a person who—

a) has a legitimate right to use the services of the library or archive; and

b) can access the digital copy only through a verification process that verifies that the person is entitled to access the digital copy.

History: Section 56A: inserted, on 31 October 2008, by section 37 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).