Statutory Instrument 1989 No. 1009

The Copyright (Copying by Librarians and Archivists) Regulations 1989

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© Crown Copyright 1989

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1989 No. 1009

COPYRIGHT

The Copyright (Copying by Librarians and Archivists) Regulations 1989

The Secretary of State, in exercise of the powers conferred upon him by sections 37(1), (2) and (4) and 38 to 43 of the Copyright, Designs and Patents Act 1988^[1], hereby makes the following Regulations:-

Citation and commencement
    1.    These Regulations may be cited as the Copyright (Copying by Librarians and Archivists) Regulations 1989 and shall come into force on 1st August 1989.

Interpretation
    2.    In these Regulations-
"the Act" means the Copyright, Designs and Patents Act 1988;
"the archivist" means the archivist of a prescribed archive;
"the librarian" means the librarian of a prescribed library;
"prescribed archive" means an archive of the descriptions specified in paragraph (4) of regulation 3 below;
"prescribed library" means a library of the descriptions specified in paragraphs (1), (2) and (3) of regulation 3 below.

Descriptions of libraries and archives
    3.—(1)  The descriptions of libraries specified in Part A of Schedule 1 to these Regulations are prescribed for the purposes of sections 38 and 39 of the Act:
Provided that any library conducted for profit shall not be a prescribed library for the purposes of those sections.


    (2)  All libraries in the United Kingdom are prescribed for the purposes of sections 41, 42 and 43 of the Act as libraries which may make and supply copies of any material to which those sections relate.

    (3)  Any library of a description specified in Part A of Schedule 1 to these Regulations which is not conducted for profit and any library of the description specified in Part B of that Schedule which is not conducted for profit are prescribed for the purposes of sections 41 and 42 of the Act as libraries for which copies of any material to which those sections relate may be made and supplied by a prescribed library.

    (4)  All archives in the United Kingdom are prescribed for the purposes of sections 42 and 43 of the Act as archives which may make and supply copies of any material to which those sections relate and any archive within the United Kingdom which is not conducted for profit is prescribed for the purposes of section 42 of the Act as an archive for which copies of any material to which that section relates may be made and supplied by a prescribed archive.

    (5)  In this regulation "conducted for profit", in relation to a library or archive, means a library or archive which is established or conducted for profit or which forms part of, or is administered by, a body established or conducted for profit.

Copying by librarian of article or part of published work
    4.—(1)  For the purposes of sections 38 and 39 of the Act the conditions specified in paragraph (2) of this regulation are prescribed as the conditions which must be complied with when the librarian makes and supplies a copy of any article in a periodical or, as the case may be, of a part of a literary, dramatic or musical work from a published edition to a person requiring the copy.

    (2)  The prescribed conditions are-
 (a) that no copy of any article or any part of a work shall be supplied to the person requiring the same unless he has delivered to the librarian a declaration in writing, in relation to that article or part of a work, substantially in accordance with Form A in Schedule 2 to these Regulations and signed in the manner therein indicated;
 (b) that the librarian is satisfied that the requirement of such person and that of any other person-
 (i) are not similar, that is to say, the requirements are not for copies of substantially the same article or part of a work at substantially the same time and for substantially the same purpose; and
 (ii) are not related, that is to say, he and that person do not receive instruction to which the article or part of the work is relevant at the same time and place;
 (c) that such person is not furnished-
 (i) in the case of an article, with more than one copy of the article or more than one article contained in the same issue of a periodical; or
 (ii) in the case of a part of a published work, with more than one copy of the same material or with a copy of more than a reasonable proportion of any work; and
 (d) that such person is required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library) attributable to its production.

    (3)  Unless the librarian is aware that the signed declaration delivered to him pursuant to paragraph (2)(a) above is false in a material particular, he may rely on it as to any matter he is required to be satisfied on under sections 38 or 39 of the Act before making or supplying the copy.

Copying by librarian to supply other libraries
    5.—(1)  For the purposes of section 41 of the Act the conditions specified in paragraph (2) of this regulation are prescribed as the conditions which must be complied with when the librarian makes and supplies to another prescribed library a copy of any article in a periodical or, as the case may be, of the whole or part of a published edition of a literary, dramatic or musical work required by that other prescribed library.

    (2)  The prescribed conditions are-
 (a) that the other prescribed library is not furnished with more than one copy of the article or of the whole or part of the published edition; or
 (b) that, where the requirement is for a copy of more than one article in the same issue of a periodical, or for a copy of the whole or part of a published edition, the other prescribed library furnishes a written statement to the effect that it is a prescribed library and that it does not know, and could not by reasonable inquiry ascertain, the name and address of a person entitled to authorise the making of the copy; and
 (c) that the other prescribed library shall be required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library) attributable to its production.

Copying by librarian or archivist for the purposes of replacing items in a permanent collection
    6.—(1)  For the purposes of section 42 of the Act the conditions specified in paragraph (2) of this regulation are prescribed as the conditions which must be complied with before the librarian or, as the case may be, the archivist makes a copy from any item in the permanent collection of the library or archive in order to preserve or replace that item in the permanent collection of that library or archive or in the permanent collection of another prescribed library or archive.

    (2)  The prescribed conditions are-
 (a) that the item in question is an item in the part of the permanent collection maintained by the library or archive wholly or mainly for the purposes of reference on the premises of the library or archive, or is an item in the permanent collection of the library or archive which is available on loan only to other libraries or archives;
 (b) that it is not reasonably practicable for the librarian or archivist to purchase a copy of that item to fulfil the purpose under section 42(1)(a) or (b) of the Act;
 (c) that the other prescribed library or archive furnishes a written statement to the effect that the item has been lost, destroyed or damaged and that it is not reasonably practicable for it to purchase a copy of that item, and that if a copy is supplied it will only be used to fulfil the purpose under section 42(1)(b) of the Act; and
 (d) that the other prescribed library or archive shall be required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library or archive) attributable to its production.

Copying by librarian or archivist of certain unpublished works
    7.—(1)  For the purposes of section 43 of the Act the conditions specified in paragraph (2) of this regulation are prescribed as the conditions which must be complied with in the circumstances in which that section applies when the librarian or, as the case may be, the archivist makes and supplies a copy of the whole or part of a literary, dramatic or musical work from a document in the library or archive to a person requiring the copy.

    (2)  The prescribed conditions are-
 (a) that no copy of the whole or part of the work shall be supplied to the person requiring the same unless he has delivered to the librarian or, as the case may be, the archivist a declaration in writing, in relation to that work, substantially in accordance with Form B in Schedule 2 to these Regulations and signed in the manner therein indicated;
 (b) that such person is not furnished with more than one copy of the same material; and
 (c) that such person is required to pay for the copy a sum not less than the cost (including a contribution to the general expenses of the library or archive) attributable to its production.

    (3)  Unless the librarian or archivist is aware that the signed declaration delivered to him pursuant to paragraph (2)(a) above is false in a material particular, he may rely on it as to any matter he is required to be satisfied on under section 43 of the Act before making or supplying the copy.

Revocation
    8.    The Copyright (Notice of Publication) Regulations 1957^[2] and the Copyright (Libraries) Regulations 1957^[3] are hereby revoked.

Eric Forth

Parliamentary Under Secretary of State for Consumer Affairs, Department of Trade and Industry

13th June 1989

[1] 1988 c. 48. back

[2] S.I. 1957/865. back

[3] S.I. 1957/868. back

Explanatory Note