(6.) The regulations may exclude the application of sub-section (1.) or sub-section (2.) of this section in such cases as are specified in the regulations.
Copying by libraries for other libraries. 50.—(1.) Subject to this section, the copyright in an article contained in a periodical publication or in any other published literary, dramatic or musical work is not infringed by the making of a copy of the article or other work, or of part of the article or other work, by or on behalf of the librarian of a library.
(2.) The last preceding sub-section does not apply in relation to a copy of an article or other work or of part of an article or other work unless―
- (a) the copy is supplied only to the librarian of another library; and
- (b) where the work is not an article contained in a periodical publication and the copy is a copy of the whole of the work or of a part of the work that is more than a reasonable portion of the work—at the time when the copy is made, the librarian by whom or on whose behalf it is made does not know the name and address of any person entitled to authorize the making of the copy and could not by reasonable inquiry ascertain the name and address of such a person.
(3.) The regulations may exclude the application of sub-section (1.) of this section—
- (a) where the copy is supplied by the librarian of the other library to a person otherwise than in accordance with the regulations; and
- (b) in such other cases as are specified in the regulations.
Copying of unpublished works in libraries. 51.—(1.) Where, at a time more than fifty years after the expiration of the calendar year in which the author of a literary, dramatic or musical work, or of an artistic work being a photograph or engraving, died, and more than seventy-five years after the time at which, or the expiration of the period during which, the work was made, copyright subsists in the work but—
- (a) the work has not been published; and
- (b) a copy of the work, or, in the case of a literary, dramatic or musical work, the manuscript of the work, is kept in a library or other place where it is, subject to any regulations governing that library or other place, open to public inspection,
the copyright in the work is not infringed—
- (c) by the making of a copy of the work by a person for the purpose of research or private study or with a view to publication; or
- (d) by the making of a copy of the work by, or on behalf of, the person in charge of that library or other place if the copy is supplied to a person who satisfies the person in charge that he requires the copy for the purpose of research or private study or with a view to publication and that he will not use it for any other purpose.
