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In force2020 Revised Edition
Contents

Part 5 · Permitted Uses of Copyright Works and Protected Performances

233. Administration — copying or communicating material in public collections

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(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)

the material was or is part of a public collection;

(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 any of the following purposes:

(i)

internal record keeping;

(ii)

internal cataloguing;

(iii)

insurance;

(iv)

police investigations or other law enforcement actions;

(v)

security;

(vi)

any other administrative purpose; and

(d)

the copy is not used other than —

(i)

for the purposes mentioned in paragraph (c); or

(ii)

to create another copy of the material in circumstances to which any permitted use in this Division applies.

(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).

Report

Part 6

Remedies for and Border Enforcement Measures Against Rights Infringements

Part 7

Additional Rights Relating to Copyright Works and Protected Performances

Part 8

Offences

Part 9

Regulation of Collective Management Organisations

Part 10

Copyright Tribunals

Part 11

Miscellaneous

Part 12

Transitional