Plain language law

New Zealand law explained for everyone

Copyright Act 1994

Acts permitted in relation to copyright works - Libraries and archives

54: Copying by librarians for collections of other libraries

You could also call this:

"Librarians can copy books for other libraries that cannot buy them, and pay the owner a fair fee."

Illustration for Copyright Act 1994

You can make a copy of a book for another library without breaking copyright rules. You must get the book from a published edition and give it to another library. You do this if the other library cannot buy the book at a normal price. You must keep a record of the copied book and let the copyright owner see it. You also pay the copyright owner a fair amount of money for the copied book. This fair amount is called equitable remuneration, which you agree on with the owner or a Tribunal decides under section 168. This rule does not apply to computer programs. When you make a digital copy, you must also follow the rules in section 56C. You include digital copies when you talk about copies.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM345986.

This page was last updated on — View changes

Topics:
Arts and culture > Arts fundingArts and culture > Heritage protectionMoney and consumer rights > Consumer protectionEducation and learning > ResearchBusiness > Intellectual property
Previous

53: Copying by librarians for users of other libraries, or

"Librarians can copy work for you to use for research or study"

Next

55: Copying by librarians or archivists to replace copies of works, or

"Librarians can copy items to replace lost or damaged ones without breaking copyright rules."

Part 3Acts permitted in relation to copyright works
Libraries and archives

54Copying by librarians for collections of other libraries

  1. The librarian of a prescribed library may, if the conditions contained in subsection (2) are complied with, make a copy of a literary, dramatic, or musical work and any artistic work included in the work, where the copy is—

  2. from a published edition that is a book; and
    1. for supply to the librarian of another prescribed library,—
        1. without infringing copyright in the literary, dramatic, musical, or artistic work or the typographical arrangement of the published edition.

      1. The conditions referred to in subsection (1) are that the librarian to whom the copy of the work is supplied—

      2. has been unable to obtain the work at an ordinary commercial price within the 6 months preceding the supply; and
        1. makes and keeps a record sufficient to identify the work copied; and
          1. permits the inspection of the record by the copyright owner during normal office hours; and
            1. pays, on demand, equitable remuneration to the copyright owner for the work copied.

              1. In subsection (2)(d), the term equitable remuneration means a sum agreed by the librarian and the copyright owner or, in the absence of agreement, a sum determined by the Tribunal on an application under section 168.

              2. This section does not apply to a literary work that is a computer program.

              3. In this section, copy includes a digital copy, but in that case section 56C applies as well.

              Compare
              • 1962 No 33 s 21(2)
              Notes
              • Section 54(5): added, on , by section 34 of the Copyright (New Technologies) Amendment Act 2008 (2008 No 27).