§ 232 — Preservation and replacement — copying material in public collections

232.—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a)

an authorial work;

(b)

a sound recording;

(c)

a film;

(d)

a recording of a protected performance.

(2) The conditions are —(a)

the material was or is part of a public collection;

(b)

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

(c)

the copy is —(i)

made to preserve the material against loss, deterioration or damage;

(ii)

made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format;

(iii)

made to replace the material because of loss, deterioration or damage; or

(iv)

made for some other purpose;

(d)

if the copy is made under paragraph (c)(i) or (ii) — the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public;

(e)

if the copy is made under paragraph (c)(i), (ii) or (iii) — 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 (or, in the case of paragraph (c)(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price;

(f)

if the copy is made under paragraph (c)(iv) — the copy is the sole copy made under this section; and

(g)

the copy is notated according to section 301.

—(1) If the conditions in subsection (2) are met, it is a permitted use to make a copy of any of the following material:(a)

an authorial work;

(b)

a sound recording;

(c)

a film;

(d)

a recording of a protected performance.

(2) The conditions are —(a)

the material was or is part of a public collection;

(b)

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

(c)

the copy is —(i)

made to preserve the material against loss, deterioration or damage;

(ii)

made in a different format from the format in which the material is embodied, to preserve the material against the obsolescence of the latter format;

(iii)

made to replace the material because of loss, deterioration or damage; or

(iv)

made for some other purpose;

(d)

if the copy is made under paragraph (c)(i) or (ii) — the copy is not made accessible to the public, except to replace a copy of the material that was previously accessible to the public;

(e)

if the copy is made under paragraph (c)(i), (ii) or (iii) — 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 (or, in the case of paragraph (c)(ii), a new copy of the material in the different format) could not be obtained within a reasonable time at an ordinary commercial price;

(f)

if the copy is made under paragraph (c)(iv) — the copy is the sole copy made under this section; and

(g)

the copy is notated according to section 301.