Copyright Act 2021 · 2020 Revised Edition · Part 7 · Additional Rights Relating to Copyright Works and Protected Performances
428. Exception — access by non‑profit library, etc., for purpose of acquisition
Feedback & supportA person may circumvent an access control measure by doing an act in relation to a protected copy if —
copy
“copy” has the meanings given by the provisions in Subdivision (2) of Division 3 of Part 2;
the act is done to enable any of the following organisations to access the underlying work or recording of a performance:
a non‑profit library or archive;
non‑profit
“non‑profit” means not operated or conducted, directly or indirectly, for profit;
an educational institution;
educational institution
“educational institution” has the meaning given by section 83;
an institution aiding persons with print disabilities;
institution aiding persons with print disabilities
“institution aiding persons with print disabilities” has the meaning given by section 86;
an institution aiding persons with intellectual disabilities;
institution aiding persons with intellectual disabilities
“institution aiding persons with intellectual disabilities” has the meaning given by section 89;
the sole purpose of accessing the work or recording is to decide whether to acquire a copy of it;
recording
“recording”, in relation to a protected performance, has the meaning given by section 38(1);
the work or recording is otherwise not available to the organisation;
organisation
“organisation” means an organisation or association of persons (whether corporate or unincorporate);
the act does not lead to a rights infringement in relation to the protected copy; and
the act does not violate any written law other than this Act.