160
NO. 22 OF 2021
(2) Where this section applies—
- (a) no action may be brought against library X or any of its officers or employees for any infringement of copyright constituted by the making and supply of the copy;
- (b) the copy is deemed for all purposes of this Act to have been made by an authorised officer of library Y (and not library X) for the purposes for which it is requested; and
- (c) the making of the copy by an authorised officer of library Y (as deemed by paragraph (b)) is a permitted use if, as soon as practicable after the request in subsection (1)(b)(ii) is made, an authorised officer of library Y makes a declaration stating—
- (i) the particulars of the request, including the purpose for requesting the copy;
- (ii) if the copy is requested for inclusion in the collection of library Y and a similar copy has previously been made and supplied under this section—that the previous copy is lost, destroyed or damaged; and
- (iii) if the copy requested for is a copy of the whole of an authorial work (other than an article in a periodical publication) or a portion of the work that exceeds a reasonable portion—
- (A) that the copy is made and supplied as part of an inter-library arrangement; and
- (B) that the arrangement does not have the effect or the purpose of enabling participating libraries to systematically copy and supply copies of authorial works, and thereby obtain copies of authorial works without having to subscribe to or buy the authorial works.
(3) In this section—
- (a) “library” means a non-profit library, and includes a non-profit archive; and
