Copyright Act 2021 · 2020 Revised Edition · Part 5 · Permitted Uses of Copyright Works and Protected Performances
235. Protection of libraries and archives when infringing copies made on machines installed by them
Feedback & supportThis section applies where —
a machine is installed by or with the approval of the custodian of a library —
on the premises of the library; or
outside the premises of the library, but for the convenience of persons using the library;
a notice in the prescribed form and dimensions is placed on or near the machine, in a way that is readily visible to a person using the machine; and
either —
the machine —
is for making facsimile copies of documents (whether or not in the same size or form); and
is used to make an infringing copy of an authorial work or of a published edition of an authorial work; or
the machine is used to make an infringing copy of —
a sound recording, film, broadcast or cable programme; or
a protected performance.
The custodian of the library is not taken to have authorised the making of the infringing copy just because the infringing copy is made on the machine.
custodian
“custodian”, in relation to a public collection, has the meaning given by section 93;
In this section —
“library” includes an archive;
“machine” includes a computer.