§ 227 — Research or study — copying originals for use on premises of public collections

227.—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)

make a copy of any of the following material:(i)

an authorial work;

(ii)

a sound recording;

(iii)

a film;

(iv)

a recording of a protected performance; or

(b)

communicate the material.

(2) The conditions are —(a)

a public collection has or used to have the original version or first copy (as the case may be) of the material;

(b)

the copy or communication is made by or on behalf of the custodian of the public collection;

(c)

the copy or communication is made for the purpose of carrying out research at any premises where any public collection is held;

(d)

the material (including any copies) is not supplied to any person for any other purpose;

(e)

before the copy is made, an authorised officer of the public collection —(i)

makes a reasonable investigation; and

(ii)

declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; and

(f)

in the case of subsection (1)(a) — the copy is notated according to section 301.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a)

is not to be treated as publishing the material (or any work or recording included in the material); and

(b)

must be ignored in determining the duration of any copyright in the material (or the included work).

—(1) If the conditions in subsection (2) are met, it is a permitted use to —(a)

make a copy of any of the following material:(i)

an authorial work;

(ii)

a sound recording;

(iii)

a film;

(iv)

a recording of a protected performance; or

(b)

communicate the material.

(2) The conditions are —(a)

a public collection has or used to have the original version or first copy (as the case may be) of the material;

(b)

the copy or communication is made by or on behalf of the custodian of the public collection;

(c)

the copy or communication is made for the purpose of carrying out research at any premises where any public collection is held;

(d)

the material (including any copies) is not supplied to any person for any other purpose;

(e)

before the copy is made, an authorised officer of the public collection —(i)

makes a reasonable investigation; and

(ii)

declares that he or she is satisfied that a new copy of the material could not be obtained within a reasonable time at an ordinary commercial price; and

(f)

in the case of subsection (1)(a) — the copy is notated according to section 301.

(3) For the purposes of this Act, the supply of copies of any material in circumstances to which this section applies —(a)

is not to be treated as publishing the material (or any work or recording included in the material); and

(b)

must be ignored in determining the duration of any copyright in the material (or the included work).